Revolutionary War Pension and Bounty Land Warrant Application File S. 9151, Joseph Caldwell, Continental Mass.
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Continental Mass.
Caldwell, Joseph
S9151
Carded
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14269
New York
Joseph Caldwell of Oswego, NY
Private in Company commanded by Capt. Morgan of the Regiment commanded by Col. Mead in the Mass. line for 15 months
Inscribed on the Roll of New York at the rate of 50 dollars --- Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16th day of May 1833 and sent to Fisher V. Allen Oswego. New York.
Arrears to the 4th of March 1833  $100
Semi-annual allowance ending 4. Sep. 1833  $25
====
$125

Revolutionary Claim Act June 7, 1832.
Recorded by George Taylor, Clerk, Book C Vol. 4 Page 50
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State of New York
Oswego County.

On this nineteenth day of February in the year 1833 personally appeared in open court before Lowell Johnson  John Reynolds & Samuel Freeman Judges of the court of Common Pleas now sitting at Richland in & for said county Joseph Caldwell a resident of the village of Oswego in said county of Oswego & state of New York aged sixty-nine years, who being first duly sworn according to Law, doth on oath make the following Declaration in order to take 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 & served as herein stated; that is to say,

In the month of February 1778 he enlisted as a soldier at Sutton in the county of Worcester & state of Massachusetts in a company under Captain Morgan of West Springfield for the term of Three months; was stationed at East Springfield, serving said town, on the duty of guarding publick stores deposited there. His commanding officer was Capt. Morgan, his lieutenant's name was Lamb, first names not recollected. No other troops were stationed at Springfield during that term. Served out his time of enlistment; does not recollect whether he received a written discharge or not; if he did, it has been lost many years since. This company he understood and believes was part of what was called the state troops. The publick stores at Springfield were called Continental stores.

Sometime in the month of June 1778 he enlisted again at Sutton under Capt. Hammond or Harmon for the term of six months, was marched to Providence & mustered there about 20th of June 1778; Hammond or Harmon was his Capt. does not recollect the name of the other officers of the company. Colonel Meade commanded the Regiment, the Lieut.
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Colonel's name was Wood, was soon after marched from Providence (Rhode Island) to Barrington - point near the town of Warren (R. Island), lay there some weeks, & was next marched to Tiverton, & from thence, he marched with the army commanded by General Sullivan on to Rhode Island to attack the British troops at Newport & other places on said Island. After the retreat from Rhode Island he was taken to Greenwich on the westside of Narragansett bay, & from there to Warwick in said state of Rhode Island. Here the sixth months term of enlistment expired & he was discharged. After the retreat & before the discharge the troops had undergone a new management, & at the time of his discharge at Warwick Capt. Lamb was Capt. & Lieut. Mattoon was Lieut. of the company to which he belonged. He believes the company to which he belonged during this last term of enlistment was part of what was called the "state troops" of the state of Massachusetts. He has no written discharge for this term of enlistment & does not recollect whether he received any. The brigade to which he was attached in the expedition upon Rhode Island was commanded by General Greene, & one of the regiments in the brigade was composed chiefly of blacks. He was for some short time in the lines before Quaker Hill upon which the British were formed; he recollects Lafayette was there, but the names of other officers there (except those already named) he does not remember. 

In June 1780 at Sutton aforesaid he enlisted again under the authority or by the [....] of the Selectmen of said town of Sutton for the term of six months and immediately after enlisting was directed to go to Springfield, to which place he went & reported himself to Col.
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Peters a continental officer who took the measure & description of Deponent & of others who had enlisted like himself; after which deponent & others were marched to West Point by a Lieut. or Capt. in the Continental service, his name not recollected he was placed first in Capt. Reddington Company (he thinks this was the Capt.'s name) Bradford's Regiment, Patterson's brigade, on the continental establishment. Within a few days after Deponent was transferred to the light infantry under the command of the Marquis De Lafayette, the Col. of this regiment, was Col. Geascott/Gimat or Drescout, a French officer, does not know the correct spelling of the name, Major Heath belonged to the same regiment, Capt. Bates commanded the company & Lieut. Mills belonged to the company, from West Point marched to Kings or Dobbs Ferry, he is not certain that Fayette took command of the corps before he was....to [Kings Ferry] Dobbs Ferry crossed over the North River to Tappan. From Tappan Deponent went to several other places in detachment at various times, first to a place called "English neighborhood," sent to Bergen, again to Hackensack, was at Tappan at the time Arnold deserted to the British & at the time Major Andre was executed. Afterwards marched to a place called Tottaway, was in another expedition to Elizabeth Town & finally returned to West Point, from thence he went with a company down to Easton River (the Capt. name he does not recollect, his Lieut.'s name was Mills), remained there three or four weeks on the lines & then returned to West Point & soon was ordered to Patterson's ____ where he rejoined his regiment, his term of service six months expired there & there he was discharged. At the time of his discharge he was in Capt. Bates' company is not certain who there commanded the Regiment, had a written discharge & does not recollect whether he received any, he had a draft to draw provisions but
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has no such draft or other writing in his possession now nor has had any for many years; believe he accessed a written discharge but has not processed any, He has sent any written document or evidence of his services & knows of no person who can testify to his services.

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 whatever. This last enlistment was on the continental establishment in the Massachusetts line, but by the arrangement or transfer which he has already stated he does not know that the corps in which he served a good portion of the term was considered a good portion of the term was considered as part of the Massachusetts line. He was discharged in December 1780.

Sworn this 19th day of February
A.D. 1833 before me

D. McPherson  Dep. Clk of Oswego County 
 
Joseph Caldwell
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Col. John McCarty a Clergyman residing in the village of Oswego in the county of Oswego & State of New York and Eric Poor clerk of said county, & Daniel Horgunin all of said village of Oswego, do hereby certify the we are well acquainted with Joseph Caldwell a resident of said village & who has subscribed the foregoing declaration, that we believe him to be sixty nine years of age; that he is respected and believed in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.

Subscribed & sworn this  ]    John McCarty
15th day of February         ]    Eric Poor
1833 before me                 ]    D. Horgunin
Jacob J. Fort J. P.              ]
 
And the said come & hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department, that Joseph Caldwell the above named applicant was a revolutionary soldier & served as he states. And the court further certifies that it appears to them that John McCarty who has signed the preceding certificate is a clergyman resident of Oswego village, & that Eric Poor, the clerk of this court, & who has also signed the same is a resident of said village, that they are credible persons & this statement is entitled to full credit. 

                 Samuell Johnson }    
                 J. Reynolds           }  Judges
                 Saml. Freeman     }

Meade commanded the Regiment, the Lieut.
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State of New York
County of Oswego    I Eric Poor Clerk of the Court of Common Pleas in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Caldwell for a Pension; And I do also certify that Jacob J. Fort Esqr. before whom the foregoing certificate or affidavit of John McCarty, Eric Poor & Daniel Heugunin purports to have been Sworn was at the date of the same one of the Justices of the peace in and for said County; and that I am well acquainted with his handwriting, and verily believe his name Subscribed to the said certificate or affidavit to be his genuine Signature. In Testimony whereof I have here unto set my hand and Seal of office this nineteenth day of February A.D. 1833.

                                  Eric Poor  Clerk
                                  By D. McPherson
                                  Dep. Clk.

Joseph Caldwell
23959
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23959
Joseph Caldwell
State of New York

Fisher G. Allen
Oswego
N York
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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 Joseph Caldwell  
Oswego County   N York

Enlisted 1778  3 months  Rank: Pvt.  
Name and Rank of Company officers under whom he served.  Capt. Morgan
Battles in which the applicant was engaged. 
-----
Country through which he marched: at Springfield
Place of abode when he entered the service, and age at the present period.  69 years  Sutton Cty of Worcester, State of Mass.
Evidenced by which the declaration is supported.  Traditionary

Enlisted 1778  11 months  Prvt. 
Name and Rank of Company officers under whom he served.  Capt. Hammond
Names and Rank of the General and Field officers.  Col. Meade, Gen. Sullivan
Battles in which the applicant was engaged. 
-----
Country through which he marched. Providence  Rhode I.

Enlisted 1780  6 months  Lt. Infantry
Name and Rank of Company officers under whom he served:  Capt. Reddington
Names and Rank of the General and Field officers. Col. Peters, Genl. Lafayette, Col. Dimott
Evidence can get no witness. No Colonel given in the first Tour of Service.

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 the 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    } s.s.
County of ______                       }

On this  ___ day of ___ personally appeared (a) before ___ A.B. a resident (b) of  ___ in the county of ___ and State, Territory of District of    aged (c) ___ iyears, 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 State 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 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 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 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. ___ 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 an be obtained, the part willl 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 on 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 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 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.
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 thee 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 thee 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 //HAND-WRITTEN INSERT: "first tour, no 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 as 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 consequence 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 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 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 cases. 
[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.
*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 by 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.
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Rev. War       9151.  Over

INVALID.

File No. 9151
Joseph Caldwell
Pri   Rev War

Act: June 7th " 32
Index:- Vol. 1st, Page 59

[Arrangement of 1870.]



Fold3 File #14140155