Revolutionary War Pension and Bounty Land Warrant Application File S. 11,996, John Chesley, N.H.
Page 1

(3-1776)

SERVICE
N. H.

Chesley, John 

NUMBER
S. 11,996

carded.

CONTENTS [blank]
Page 2

[left corner torn off, number 18 showing]

13,425
New  Hampshire

John Chesley
of Rockingham in the state of N. Hampshire who was a Priv[ate] & Artif.  in the company commanded by Capt Bartlett of the Regt. commanded by Col. Butler in the N. Hampshire line, for 1 month & 14 days Private
5 months & 15 days Artificer
($4"87
 66"~~
{$70"87

Inscribed on the Roll of N. Hampshire at the rate of 70 Dollars 87 Cents per annum, to commence on the 4th day of March, 1831..

Certificate of Pension issued the 13th day of June 1833  and sent J. Kelly
Exeter

Arrears to the 4th of Mar '33 - - $141"74
Semi-anl. allowance ending 4 Sept,'33  - 35"23
[total]  $176"97

{Revolutionary Claim, Act June 7, 1832.}


Recorded by Geo. C. Stiles  Clerk,
Book E, Vol 1, Page 76
Page 3

State of New Hampshire,
County of Rockingham, ss.
On this twentieth day of March AD 1833 personally appeared in open Court, before the Judge of the Court of Probate now sitting at Exeter in said County, John Chesley, a resident of Northwood in the County of Rockingham and State of New Hampshire, aged eighty 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 volunteered on hearing of the battle at Lexington in April 1775 under Thomas Bartlett of Nottingham who was afterwards a Colonel in the army and marched to Cambridge Massachusetts where he remained in the service until the enlistment of soldiers had been carried on so far that the volunteers were dismissed and he returned home having been in the service more than a fortnight.
In October of the same year 1775 after the burning of Falmouth it was reported that the British were off Portsmouth and intended to destroy that town, and there upon he enlisted under Benjamin Butler of Nottingham and marched to Portsmouth where he assisted in building Forts Sullivan and Washington for the defense of the harbor and in erecting a boom which was not however available. Gile was an officer in Capt Butlers company as the applicant believes but the company he thinks was not attached to any Regiment.  He served out the term for which he enlisted which he believes was one month.  He had been an apprentice to a joiner and helped build the forts and boom, but he enlisted as a private and received pay only as such
In the summer of 1776, as he believes early in July, he enlisted into the company commanded by Capt Chandler and First Lieut. Wallace and marched with the company through Charleston NH to Mount Independence near Saratoga and immediately on his arriving there was detached as a Carpenter and continued in the service as a Carpenter and received his pay as such till his time of service expired which according to the best of his recollection was in January 1777  He believes that he was at this time five and a half months or more in the service.
He says that by reason of old age and consequent loss of memory he cannot swear positively to the precise length of his services in the revolutionary war but according to the best of his recollection he served not less than the periods above mentioned amounting to all seven months or more.  That he was on the termination of each service regularly discharged but received no written discharge.  That he was born at Lee in New Hampshire in 1752, but has no authentic record of his age; that he was living at Nottingham when he entered the service as aforesaid and at each time of entering the service; that since the revolutionary war he has lived several years in said Nottingham and the rest of the time in Northwood as aforesaid where he now lives; that each of his said services he performed as a volunteer and not as a substitute; that he has
[end of page]
Page 4

[the first part of this document is a copy of the last part of the previous page (image 13)]

New Hampshire in 1752, but has no authentic record of his age; that he was living at Nottingham when he entered the service as aforesaid and at each time of entering the service; that since the revolutionary war he has lived several years in said Nottingham and the rest of the time in Northwood as aforesaid where he now lives; that each of his said services he performed as a volunteer and not as a substitute; that he has no documentary evidence of his services; and does not know of any persons living who served with him in his two first terms of service above stated
[signed] John Chesly

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State.
[signed] John Chesly

Sworn to and subscribed the day and year aforesaid. [signed] John Kelly, Regis Prob

We Eliphalet Merill a Clergyman resident in Northwood in the County of Rockingham & State of New Hampshire and Joel B. Virgin, Esquire residing in the same Northwood hereby certify that we are well acquainted with John Chesley of the same Northwood who has subscribed to the above declaration; that we believe him to be eighty years of age and upward; that he is reputed and believed in theneighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
[signed] Eliphalet Merrill     J. B. Virgin
Page 5

State of New Hampshire
County of Rockingham ss
Sworn to and subscribed the eighteenth day of March AD 1833.
Before me [signed] John J. Demeritt  Jus. Peace

I certify that the above named Eliphalet Merrill is a Clergyman and that both he and the said Joel B. Virgin are residents in Northwood aforesaid and credible persons whose statement is entitled to credit
[signed[ John J. Demeritt    Jus Peace

State of New Hampshire
County of Rockingham ss}  I John Kelly Register of Probate & Clerk of the Court of Probate for said County do hereby certify that the said John J. Demeritt is a Justice of the Peace for said County of Rockingham and that his signatures as above are in his own handwriting.  In testimony whereof I have hereunto set my hand & the seal of said Court this 20th day of March AD 1833.
[signed] John Kelly   Regr. Probate.
Page 6

And the said Court do hereby declare the opinion after the investigation of the matter and after putting the interrogatories prescribed by the war Department that the above named applicant John Chesley was a revolutionary Soldier and served as he states
The Court doth also certify that the above named Eliphalet Merrill is a Clergyman residing in Northwood aforesaid and that said Joel B Virgin Esq also resides in said Northwood and that they are credible persons and their statements entitled to Credit
[signed] John Harvey  Judge of Probate

I John Kelly, Register of Probate, and Clerk of the Court of Probate for said County of Rockingham, do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Chesley for a Pension
In testimony whereof I have hereunto set my hand and the seal of said Court this 20th day of March AD 1833
[signed] John Kelly  Reg. Probate


[written along the side]  John Chesley's application 24718
Page 7

2/17/8
John  Chesley
N. H. 

Private 1 Month 14 days
Artificer 5 [months] 15 [days]
[total] 6 [months] 29 [days]

[ math calculations]


John Kelly
Exeter
N. H.
Page 8

WAR DEPARTMENT, Pension Office, [blank] 183[blank]

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, shewing the Service of John Chesley NH
[column headings: Period when the service was rendered|Duration of the claimant's service.(Years.|Months.|Days.)|Rank of the claimant.|Names and Rank of the Field officers under whom he served.|Age at present, and place of abode when he entered the service.|Proof by which the declaration is supported.|]
Apl. 1775 vol'd|( - |over|14)|private|Cap Bartlett|80|born in Lee NH|
Octo enlis'd|(..|1|..)| " |Cap Butler-no Regim't)|entered|at Nottingham and now Lives in Rockingham|
June 1776 " |(..|5|15)|Carpenter|Cap Chandler Lieut Wallace|[blank|2 Surviving witnesses prove the Last tour - Certificate of Clergyman and a Citizen good papers|
[end of columns]
I am, respectfully, Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2 
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 et the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers : 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county and State in which he resided when he 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 [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] A. B. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. 
If, on examination of the proper record, the names of 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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither 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
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action on 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 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.

[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 most assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making au 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."
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 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 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.
[f]The law makes the relinquishment indispensable.
[g] The opinion or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no 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 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 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 [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 11

O. W. & N. Division.    3-525.
ISC  Sen. file 11,996  Rev.

DEPARTMENT OF THE INTERIOR,
    Bureau of Pensions,
   Washington, D. C.

In reply to your request for a statement of the military history of John Chesley, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his [or his widow's, crossed out] application for pension on file in this Bureau.

Apl 75__2 wks__[no rank listed]__Captain Thomas Bartlett__NH

Oct 75__1 Mo__Pri[vate]__Captain Benj. Butler

July 76__5 1/2 Mos__Carpenter__Captain [Jos?] Chandler

Battles engaged in, [check mark]

Residence of soldier at enlistment, Nottingham, NH

Date of application for pension, March 20, 1833

Residence at date of application, Northwood, Rockingham Co. NH

Age at date of application, B. Lee, N.H.  1752

Remarks: [blank]

Very respectfully,
[no signature]
Commissioner.
Page 12

I Simon Batchelder aged 74 years & upwards depose and say that in the summer of 1776  I enlisted into a Company commanded by Capt Chandler and marched with that Company to Ticonderoga or Mount Independence in its immediate neighborhood, and served in said Company till the next winter when I was regularly dismissed.  I was out in the service at that time as I believe very nearly six months if not quite.  John Chesley, then of Nottingham now of Northwood was of the same Company - marched with me and returned home with me although while at Mount Independence he served as a Carpenter  I was acquainted with him at that time and have ever since been acquainted with him.  We entered the service as I think in July and returned home the next January
[signed] Simon Batchelder

State of New Hampshire
Rockingham ss}  February 11 - 1833
Sworn to and subscribed this eleventh day of February AD 1833   Before me
[signed] John J. Demeritt  Justice of the Peace

I certify that the said Simon Batchelder is a person of good reputation for truth and a credible witness
[signed]  John J. Demeritt  Justice of the Peace

I Nicholas D. Hill aged seventy four years depose and say that I also was a private in Capt Chandlers Company above mentioned -- was acquainted with said Chesley and agree in the above statement of Simon Batchelder as to said Chesleys service -- both as to time and manner
 Nicholas D. Hill  X his mark
Attest [signed] John J. Demeritt

State of New Hampshire  Rockingham ss February 11th 1833
Sworn to and subscribed 
Before me [signed] John J. Demeritt  Justice of the Peace
Page 13

State of New Hampshire
Rockingham ss   Feby 11, 1833
I certify that the said Nicholas D Hill is a person of good reputation for truth and a credible witness
[signed] John J Demeritt, Justice of the Peace

State of New Hampshire
County of Rockingham ss
I John Kelly Register of Probate and Clerk of the Court of Probate for said County of Rockingham do hereby certify that John J Demeritt before whom the foregoing affidavits were were taken is a Justice of the Peace for said County and that his signatures to the foregoing certificates are genuine and in his own hand writing
In testimony whereof I have hereunto set my hand and the seal of said Court of Probate this twentieth day of March AD 1833
[signed] John Kelly  Reg Probate

[written along the left side]  In John Chesleys [unknown]
Page 14

[left side of page]

11,996

Rev War

INVALID.
File No. 11,996
John Chesley
Priv  & Artif.  Rev War 

Act:  June 7th 32
Index:--Vol. A, Page 66

[in brackets] Arrangement of 1870.



[right side of page]
Mch 3--1900
W. Orin Tasker
Haverhill Mass.

1907 Janry 31, Hist to Chas, . H. Batchelder, letter in W. F. 2429 
Wm Batchelder
Page 15

Department of the Interior
Bureau of Pensions
owon
Dear Sir,
Can you give me any information in regard to John Chesley Nottingham N.H.  I think he enlisted in Capt Joseph Chandler's Company, in Col Wymans Regiment in Revolutionary War 1776.  he was a Pensioner and died in Northwood NH about 1841
Yours resply
[signed] W. Orin Tasker
#19 Bartlett St
Haverhill, Mass.
Feb 21, 1900

{rectangular stamp]  
C. W. & N. DIVISION
FEB 28 1900
RECEIVED

[postmark]
U S PENSION OFFICE
FEB 26 1900