Revolutionary War Pension and Bounty Land Warrant Application File S. 13450, James Horton, Mass.
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Mass
Horton, James
S1450
Page 2


3414
Massachusetts 
James Horton
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James Horton
Lieutenant 11 Months and 2 days
admitted
Number 2743
Defective in the 5 interrogatory
$147.54
Forwarded by A. Bassett
Taunton Massachusetts
Page 4

Brief in the cae of James Horton of Rehoboth in the state of Massachusetts
(Act 7th June, 1832.)

1. Was the declaration before a Court or a Judge? {handwritting unclear}

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he?  Twnety one years

4. State his service, as dierected in the form annexed.
Period.   
5 July In 1776 to 11 Dec76 
1 Jan 78 to 1 Apr 78
Aug to Sept 78
May 

Duration of Service.
Years,    Months,   Days
"                 5           2
"                 3           "
"      Nearly 2           "
"                  1          12

Rank.
1st Lutenant
   "
   "
   "
a J. Capt.

Names of General and field Officers under whom he served.
Col G Guney
Col John Duggett
Capt. Bullock
Col Carpenter

5. In what battles was he engaged? 
Harlem and White Plains

6. Where did he reside when he entered service? Rehoboth

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? [Illegible portions] evidence & documentary proof.

8. Are the papers defective as to form or authentication? and if so, in what respect?
Witnesses [Portion illegible] whom the oaths were taken is {illegible} - certified as being a Justice Of Peace.
Certify that the foregoing statement and the answers with the evidence in the case above mentioned. 
[Signature Illegible] Aoossos
Examining Clerk
Page 5

James Horton
No 2.743
2 Commissions 2 un inlistment accompanying -
Page 6

Commonwealth of Massachusetts
County of Bristol ss. -------- On this seventeenth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate & now sitting at Leighton in and for said County, James Horton a resident of Rehoboth in said County, aged ninety one 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 A. D. 1832.
THAT he was born at Rehoboth in said county on the tenth day of July A.D. 1741, and that there is a record of his birth in said Rehoboth a copy of which is hereunto annexed: that he was in the United States service from the ninth day of July A D. 1776, to the eleventh day of Decem. A .D. 1776 as a first Lieutenant in the Massachusetts State Troops: that he was residing at said Rehoboth when he entered the service; that he enlisted as a first lieutenant and served for the period aforesaid under the command of Captain Nathaniel Carpenter Simeon Carey of Bridgewater, Brigadeer General Fellows of Berkshire County Mass. Major General Lee: that he marched from New Haven to New York city, from New York to Chealsea from Chelsea to Harlem, White Plains and North Castle & Crumps Ponds: that he served at said places with several regiments names, not known of the regular troops; and with General Washington, General Putnam, General Greene : that he was in the battle at Harlem on the 16th of Sept 1776 & White Plains and at the end of his service received no written discharge: that since the Revolutionary war he has resided at Rehoboth aforesaid ----His commission aforesaid is herewith enmeshed together with the enlistment
ALSO: that he was in the United States service from the first day of January A.D. 1778, to the first day of April A. D. 1778 as a first Lieutenant in the Massachusetts States troops_____: that he was residing at Rehoboth
when he entered the service; that he was drafted as a first Lieutenant and served for the period aforesaid under the command of Captain Israel Hietts, Colonel John Daggett, Lieutenant Colonel John Hathaway & in the brigade of General Cornell: that he marched from Rehoboth to Providence from there to Harwick & there remained during said term of three month: that he served at said Harwick there were no regular troops: that he was in no battle and at the end of his service no written discharge.
ALSO: that he was in the United States service from the forepart of August A.D. 1778, to the latter part of September A.D. 1778 as first Lieutenant in the Massachusetts State Militia: that he was residing at said Rehoboth when he entered the service; that he was drafted as a first lieutenant and served for the period aforesaid under the command of Captain Stephen Bullock: that he marched from Rehoboth to Tivertown, at Nowland's ferry & remained there six weeks: that he served at said place with none, he thinks, of the regular troops; and no regular officers were known to him: that he was in no battle and at the end of his service received no written discharge.
Page 7

Also, that he served in the Massachusetts State Militia six week
commencing in May A.D. 1778 at Bristol, in the State of Rhode Island
that he was residing in said Rehoboth when he was drafted as a fi[rst]
Lieutenant & served for said period in the company of which he act[ed] 
as commander, they having no captain during said period in
the regiment of which Thomas Carpenter was Colonel, Col. Barton
at that time had the chief command & was wounded in an
engagement during said period. The British came at this time
from the Island of Rhode Island & busted[?] Bristol & Warren an[d]
a number of boats in the river that he does not know that there we[re]
any regular troops at these places during this term: and
at the end of his service he received no written dischar[ge]

That he received a commission as first Lieutenant date
James Horton Son of Jotham Horton born July 10th,
1741. As of record in the town Clerks office in Rehoboth.
Rehoboth August 11th, 1832
attest James Blanding Town Clerk

declares that his name is not on the pension roll of the agency of any State.
Sworn to and Subscribed the day and year first aforesaid James Horton
We Childs Author a clergyman, residing in the town of Rehob[oth]
in the County of Bristol & Commonwealth of Massachusetts
- and Allin Hunt residing in Seekonk ["residing" crossed through] an adjoining town
in 2d County hereby certify that we are well acquainted with James Horton who has
subscribed and sworn to the above declaration; that we believe him to be ninety one-
years of age; that he is reputed and believed in the neighborhood, where he resides to have been
["a soldier" crossed through] an officer - of the revolution, and that we concur in that opinion.
Sworn and subscribed as aforesaid. Childs Suther Allin Hunt
H Baylies, Judge of Probate

Anselm Bassett Register of the Court of Probate ["do hereby certify" crossed through]
and for the County of Bristol aforesaid, do hereby certify
the foregoing contains the original proceedings of the said court in the matter of the
[sticker covering first part of word]ation of James Horton for a pension.

testimony whereof I hereunto set my hand and seal of office on the day and 
[sticker covering word]irst aforesaid. Anselm Bassett
Page 8

Also, that he served in the Massachusetts State Militia six week[s]
commencing in May A.D. 1778 at Bristol, in the State of Rhode Is[land]
that he was residing in said Rehoboth when he was drafted as a fi[rst]
Lieutenant & served for said period in the company of which he act[ed]
as commander, they having no captain during said period in
the regiment of which Thomas Carpenter was Colonel, Col. Barton
at that time had the chief command & was wounded in an
engagement during said period. The British came at this tim[e]
from the Island of Rhode Island & busted Bristol & Warren a[rest of word cut off]
a number of boats in the river. That he does not know that there we[re]
any regular troops at these places during this term; and
at the end of his service he recieved no written discharg[e].

That he received a commission as first Lieutenant date
March 28, 1776 & signed by W. Spooner & others.
that said commission is herewith transmitted with [illegible word and cut off]
commission

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 first aforesaid. James Horton

We Childs Suther a clergyman, resident in the town of Rehob[oth]
in the county of Bristol & Commonwealth of Massachusetts
and Allin Hunt, residing in Seekonk, ["residing" crossed through] an adjoining town
in sd County hereby certify that we are well acquainted with James Horton, who has
subscribed and sworn to that above declaration; that we believe him to be ninety one
years of age; that he is reputed and believed in the neighborhood, where he resides to have been
["a soldier" crossed through] an officer of the revolution, and that we concur in that opinion. 
Sworn and subscribed as aforesaid. Childs Suther Allin Hunt
H. Baylies, Judge of Probate

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 abovenamed appli-
cant was a revolutionary First Lieut and served as he states. And the court further certify that it
appears to them that Childs Suther, who has signed the preceding certificate, is
a clergyman, resident in Rehoboth in sd County; and that Allin Hunt
who has also signed the same is a resident in Seekonk an adjoining town in Bristol County, and is a credible person; and that
their statement is entitled to credit.
H. Baylies, Judge of Probate

Anselm Bassett Register of the Court of Probate ["do hereby certify" crossed through]
and for the County of Bristol aforesaid, do hereby certify
the foregoing contains the original proceedings of the said court in the matter of the
[part of word cut off by seal]ation of James Horton for a pension.

testimony whereof I hereunto set my hand and seal of office on the day and
first aforesaid Anselm Bassett
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Hist. to Maj. E. S. Horton
Attleborough Mass. [illegible]

13450
INVALID
[RevWar]
File No. 13450
James Horton
Lt. Rev. War
Act: June 7th 1832
Index:-Vol. 1, Page 180

(Arrangement of 1870)
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I, Israil Goff of Rehoboth in the County of Bristol and Commonwealth of Massachusetts of lawful age to give evidence, being duly sworn according to law, do testify and say, that in the month of July in the year of our Lord Seventeen Hundred and Seventy Six, I enlisted into the company whereof James Horton now resident in said Rehoboth was Lieutenant and marched with said Horton into the State of New York and served with the Company five months at the City of N. York and at White Plains and left said Horton in the Service in the month of November following, the Company NY was Commanded by Capt. Nathaniel Carpenter, the Regiment by Col. Simon Carey
Israel Goff
Commonwealth of Massachusetts
Bristol County SS
August 13. A 1832
has personally appeared Isreal Goff and made oath to the truth of the foregoing deposition by him Subscribed Before me Allin Hunt Justice of the Peace
Bristol SS November 13th 1832
I further testify that the above named Israel Goff is a man of truth and a relible witness
Allin Hunt Just. Peace
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I, Ezekiel Pettice of Rehoboth in the County
of Bristol and Commonwealth of Massachusetts
of lawful age to give evidence being duly sworn
according to law, do testify and say, that, James
Horton now resident in Said Rehoboth sometime in 
the Month of August in the year AD 1778, Marched
from Rehoboth as first Lieutenant of a Company under
under the Command of Capt Stephen Bullock
to Tiverton and Howlands Ferry in the State of
Rhode Island and I frequently saw Mr Horton
at the aforesaid places untill the last of September
or first of October following 
Ezekiel his X mark Pettice

Commonwealth of Massachusetts
Brestol County Ss.
August 13, AD. 1832
Then personally appeared Ezekiel Pettice
and made oath to the truth of the foregoing depos-
ition by him Subscribed
Before me Allin Hunt Justice of the Peace

Bristol SS November 13, 1832
I further certify that the above named Ezekiel
Pettice, is a credible witness

Allin Hunt Just. Peace
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I Willaim Daggett of Seekonk in the County
of Bristol and Commonwealth of Massachusetts
of lawful age to give evidence, do testify and
say, that on the first day of July in the year
of our Lord Seventeen Hundred and Seventy Six
I enlisted into the Company of Capt Nathaniel Carpenter
of which James Horton now resident in Rehoboth
in Said County was Lieutenant and marched to New
Haven from thence to New York, and from there to
White Plains in the State of New York and Said Horton
did serve a first Lieutenant in Said Company
at the aforesaid places untill I think about
the tenth day of December following, making
a term of Service of five and a half months
at which time Said Horton was discharged with
the Company in which he served
William Daggett

Commonwealth of Massachusetts
Bristol County Ss
August 13, 1832
The personally appeared William Daggett, and
made oath, that the foregoing deposition by him
Subscribed was just and true
Before me Allin Hunt Justice of the Peace

Bristol SS November 13th 1832
I further certify that the above names William
Daggett is a credible Witness and a Man of truth
Allin Hunt Just. Peace
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I Samuel Smith of Rehoboth in the County of Bristol and Commonwealth of Massachusetts of lawful age to give evidence being duly sworn according to law do give testimony and says, that, on the first day of January in the Year of our Lord Seventeen Hundred Seventy eight, James Horton now resident in Rehoboth enlisted as first Lieutenant in the company of Capt. Israel Heits and Regiment of Col. John Daggett and Brigade of General Cornell marched to Providence RI. and from there marched to Warwick in Said R.I. and served in said town untill the first of April following making a term of three months served; in which Company I served as a private.
Samuel Smith

Commonwealth of Massachusetts
Bristol County SS
August 13th 1832
The personally appeared Samuel Smith, and made oath to the truth of the foregoing deposition by him subscribed
Before me, Allin Hunt Justice of the Peace

Bristol SS November 13. 1832
I further certify that the above named Samuel Smith is a man of truth an a credible Witness
Allin Hunt Just. Peace
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Commonwealth of Massachusetts.
Briston SS. I Anselm Bassett, Register of the Court of Probate in & for said County of Bristol, do hereby certify that Allin Hunt is a Justice of the Peace for said County of Bristol and duly qualified to Administer oaths and that the signatures as such which are affixed to the four preceding affidavits, purporting to be the signatures of the said Allin Hunt are his genuine signatures --
In testimony whereof I have hereunto set my hand and the seal of said Court this twenty sixth day of November Eighteen hundred and thirty two--
Anselm Bassett
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James Horton
NO 2943.

Forwarded by
AKepett
Dighton
Mass
Page 16

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
James Horton 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?

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? no

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 in her favor

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 distinquish-
ed from any other seal? Yes, with an inscription.
Page 17

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 revolu-
tionary service? Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain-
ing it?

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? he has
documentary proof

XIV. *If the applicant has produced a witness or witnesses as to his service, has the magistrate who
administered the oath certified that he, she, or they are persons of credibility? ["no" crossed through]

XV. Does it appear from any of the papers that the witness was in such 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? ["no" crossed through]

SVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
[word not seen due to crease in paper] which of them is not so answered? Yes.
__________________________

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 recol-
lection 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."
Page 18

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.

* QUERE XIV. 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 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 adminis-
ter the oaths must certify to the credibility of the witnesses, and the affidavits must be properly au-
thenticated, as above directed.

**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 im-
properly attached to the certificate.
Page 19

Personally appeared before me the undersigned a Justice of the Peace in and for the County of Bristol in the Commonwealth of Massachusetts, James Horton a resident of Rehoboth in said County, who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear more positively as to the precise length of his service in every particular, but according to the best of his recollection he served not less that the periods mentioned below, and in and in the following grades;
As to his first service mentioned in his declaration made on the Seventeenth day of August last past before the Hon Hodijah Baylies Esquire Judge of Probate [illegible] in and for said County of Bristol, he cannot be more particular than he has been; he now says, that he received listing orders on the ninth day of June AD. 1776 which is hereunto annexed & on that day he entered the service of the Continent as a first Lieutenant, and served untill the eleventh day of December following being five months [note in margin: 5 m 2 days] and two days, when he was discharged; and for further proof of the grade in which he served he refers to his commission hereunto annexed, signed by Wm Spooner & others bearing date March 28th AD. 1776 Also on the 10th day of July, AD.1776 he received another commission as first Lieutenant in said service which is also hereunto annexed--
As to the second term of service mentioned in said declaration the said Horton says he cannot be
Page 20

more particular than he has been, he is confident on the first day of January 1778 he was the first Lieutenant of a company of Militia in Rehoboth in said County of Bristol and was on that day or a few days previous drafted as a first Lieutenant and served in that capacity from said 1st day of January untill the first day of April of the same year being three months [in margin: 3 mos] as stated in said declaration--
As to the third term of service mentioned in said declaration he is now confident he served as first Lieutenant as therein stated the term of one month and fifteen days. [in margin: 1 m 15 day]
As to the fourth term of service mentioned in said declaration, he is now confident he served the term of one month and 15 days and at said time [in margin: 1 m 15 dys] did a Captains duty during said term there being no Captain to command said Company; And for the foregoing services he claims a pension.
He also refers to the affidavits annexed to his said declaration tending to prove said services.
James Horton

Seekonk November 13th 1832
Bristol SS
November 13 AD. 1832
Subscribed and Sworn to Before me
Allin Hunt Just. Peace
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Commonwealth of Massachusetts
Bristol I Anselm Bassett, Register of the Court of Probate in &
for the County of Bristol, do hereby certify, that Allin Hunt
is a Justice of the Peace in & for said County; that he is duly
qualified to administer oaths and that the signature to
the foregoing Affidavit purporting to be his, is his genuine
signature.
In testimony whereof I have hereunto set
my hand & the Seal of said Court, this twenty sixth day of
November, eighteen hundred & thirty two.
Anselm Bassett
Page 22

OLD WAR & NAVY
JUL 30 1895
FILES.

[words at top of post mark illegible]
U. JUL S.
27
1895
OFFICE.
Page 23

E.S. HORTON, Chairman. CHAS. PHILLIPS. A.T. WALES, Clerk.
... OFFICE OF ...

[seal on left side of page]
TOWN OF ATTLEBOROUGH MASS . INCORPORATED 1694 .

SELECTMEN____
ATTLEBOROUGH, MASS., July 26

Hon Commiss of Pension

Dear Sir
Will you kindley send to me
what facts your office has as to
Lieut James Horton of Rehoboth
Mass. Who was as I am informed
a pensioner about the years of
1828 - 1833 he was born in
1741 & died 1833 he was my
Great Grandfather & I am very
anxious to have what information
I can get of him etc.
What express for sum will remit
on [illegible]
I am Muckley
E.S. Horton

(Liet Maj 58th Mass Vol)
Page 24

Colony of the }
Massachusetts-Bay.}

the Major Part of the COUNCIL of the Massachusetts-Bay in
New-England
to James Horton Gentleman-Greeting,
You being appointed first Lieut of the Sixth Company, whereof Stephen Bullock is Captain
of the first Regt of Militia in the County of Bristol, whereof Thoms Carpenter Esq: is Colonel
By Virtue of the Power vested in us, WE do by these Presents, (reposing special Trust and
Confidence in your Loyalty, Courage, and good Conduct,) Commission you accordingly. You are
therefore carefully and diligently to discharge the Duty of first Lieut. in leading, ordering,
and exercising said Company in Arms, both Inferior Officers and Soldiers; and to keep them in
good Order and Discipline; And they are hereby commanded to obey you as their first Lieut
and you are yourself, to observe and follow such Orders and Instructions as you shall from Time to
Time receive from the major part of the Council or your superior Officer.  

GIVEN under our Hands and the Seal of the said Colony, at Watertown
Twenty Eighth Day of March in the Sixteenth Year of the Reign of his
Majesty Eng George the Third, anno Domini, 1776.

By the Command of the}
Major Part of the Council.}
Perez Morton Dlecrl.

Bristol SS Rehoboth April of 4th: 1776
The within Named James Horton Gentleman
Personally Appeared & took the oath for
faithful Performance of his office as by Law
Required
Before Thomas Carpenter} Corel.
Luther Thurber} Lt Col

3.File 13.450

[names on left side of page]
James [illegible]

W Spooner
Caleb Cushing
Winthrop[?]
J Ruppert[?]
John Whitcomb
Jedh Foster
James Prescott
Wm Taylor
Jabez Fisher
Chas Chauncy
Joseph Gerrish
Moses Gill
B White
S Hotten
Page 25

Colony of the}
Massachusett's-Bay.}

The Major Part of the COUNCIL of the Massachusetts-Bay, in
New-England,

To James Horton of Rehoboth Gentleman Greeting.

You being appointed first Lieutenant of a Company to be raised for the Service of the
Continent in the County of Bristol agreeable to a resolve of the general Court
Whereof Nathl. Carpenter Gent. is Captain [illegible] Simeon Cary Esqr is Colonel
By Virtue of the Power vested in us, WE do by these Presents, (reposing special Trust and
Confidence in your Loyalty, Courage, and good Conduct,) Commission you accordingly, You
are therefore carefully and diligently to discharge the Duty of a first Lieut. in leading, or-
dering, and exercising said Company in Arms, both Inferior Officers and Soldiers; and to keep
them in good Order and Discipline: And they are hereby commanded to obey you as there
first Lieut and you are yourself, to observe and follow such Orders and Instructions as you
shall from Time to Time receive from Your Superior Officers

GIVEN under our Hands and the Seal of the said Colony, as Rehoboth, the
This Tenth Day of July in the Year of our Lord, 1776.

By the Command of the}
Major Part of the Council.}

John Lowell Dr. of [illegible] PT

[names on left side of page]
Jer: Powell
B Greenleaf
W Spooner
Caleb Cushing
J Cushing
John Whitcomb
Jabez Fisher
B White
W. Phillips
Benj Auston
Danl Davis
S Hotten
D Lovall
D Hopkins
Jos Cushing