Revolutionary War Pension and Bounty Land Warrant Application File S. 13,076, Jeremiah Fox, Continental Mass.
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(3─1776)

SERVICE
Continental   Fox, Jeremiah  
Mass. 


NUMBER
S.13,076
carded
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[printed form, blanks filled by hand]

14866
New York
====================
Jeremiah Fox
of Bloomfield in the state of New York
who was a private in the company commanded
by Captain _________ of the Regt commanded
by Col. Fellows on the Massachusetts
line for 13 months.
★
Mass and Continental
Jan'y 5/15 [or 5/05]
Records completed [??}
====================
Inscribed on the roll of New York
at the rate of 43 dollars 33 cents per annum
to commence on the 4th day of March, 1831.
====================
Certificate of Pension issued the 23 day of July 
1833 and sent T. Beals, 
Canandaigua, NY
====================
Arrears to the 4th of March '33 - $86.66
Semi-anl allowance ending 4 Sep '33 $21.66
=====
$108.32
=====
[Revolutionary Claim. Act June 7, 1832]
Recorded by Jno Cromwell, Clerk
Book E Vol. 4, Page 56
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9220
Jeremiah Fox

Thomas Beals
Agent

Canandaigua
Militia service not definitely recited & disallowed
---------
admd [admitted]
13 mo. pri [month private]
$43.33.
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Declarations, in order to obtain the benefit of the act of Congress of the 7th of June 1832.
State of New York
County of Ontario ⎬ ss.
On this twenty seventh day of August of the term of August in the year of our Lord one thousand and eight hundred and thirty two personally appeared before the Cournt of Common Pleas of the said County of Ontario Jeremiah Fox a resident of the town of Bloomfield in the said county of Ontario aged seventy nine 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 passsed June 7, 1832. That he enlisted in the army of the United States in the year one thousand seven hundred and seventy five with Captain William Bacon for the period of eight months and served in the [blank] Regiment of the Massachusetts line under the following named officers that is to say: John Bellow], as Colonel Agar as Lieutenant Colonel, Ansel Tupper as Major, William Bacon, as Captain, John Hubbard as Lieutenant and Michael Loomis as Ensign.  That he served out the period of his enlistment except that he went home on a furlough a short time before it expired. That he resided at the time of his enlistment in the town of Sheffield in the County of Berkshire in the state of Massachusetts but enlisted at Roxbury near Boston in the last mentioned state, that he was not during said period in any action or engagement where small  arms were used but was in Roxbury when it was
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attacked by the enemy with cannon and was stationed principally at Roxbury and Dorchester.
And the said declarant further said that after the expiration or before the aforesaid period of service he enlisted in the army of the Unites States on the first day of January in the year one thousand seven hundred and seventy six with Captain. Samuel Bartlett for the period of one year in the Regiment of the Massachusetts line and served in pursuance thereof until the following June when he was discharged on account of sickness under the following named officer, that is to say, Jonathan Ward as Colonel, and Samuel Bartlett as Captain and [blank] Allen as lieutenant. That he does not recollect the name or members of the Regiments in which he served nor the names of the Lieutenant Colonel, Major nor Ensign.  That during the period of his last service aforesaid he was stationed principally at Dorchester or in that vicinity and was not in any engagement with the Enemy. That he received a discharge but has lost the same.
He hereby relinquishes every claim whatsoever to a pension or an annuity except the present and he declares that his name is not on the pension roll any agency in any state.  
[signature] Jeremiah Fox
Sworn to and subscribed the day and year aforesaid.  And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
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I, Charles Crane, Clerk of the court of Common Pleas in & for the said county of Ontario do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Jeremiah Fox for a Pension.
In testimony whereof I have hereunto set my hand and seal of office this twenty seventh day of August in the year of our Lord one thousand eight hundred & thirty two at Canandaigua in the County aforesaid.
[signature] Charles Crane Clerk
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Further declaration of the said Jeremiah Fox in order to obtain the benefit of the act of Congress passed June 7, 1832.
State of New York
County of Ontario ⎬ ss: On this twenty seventh day of August of the term of August in the year of our Lord one thousand Eight hundred and thirty two personally appeared in open court before the Judges of the Court of Common Pleas in & for the said County of Ontario at the court house at Canandaigua in said County, now sitting, Jeremiah Fox a resident of the town of Bloomfield in the said County of Ontario in the State of New York aged Seventy nine years who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That after the period of his service in the revolutionary army of the United States as mentioned & set forth in his preceeding declaration he returned to the place of his residence in Sheffield in the County of Berkshire in the State of Massachusetts and there became liable to serve in the militia and being so liable was in the years one thousand seven hundred & seventy six and one thousand seven hundred & seventy seven as repeatedly ["or otherwise"  lined thru] drafted or otherwise ordered
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out to repel the enemy on the northern and western frontier.  How many times he was so required to serve in the militia as he kept no journal he cannot remember.  That he was marched from the said town of Sheffield to repel the army and Indians under General Burgoyne  and served under various officers under whom he served he does not recollect. That he remembers serving under Colonel Collar, Lieutenant Colonel Lacey, Major Minor Owen, Captain Enoch Noble, Captain Jeremiah Hickox, Lieutenant Anthony Austin, Lieutenant Moses Hubbard.  That he was not in any action was marched to Fort Edward, and to Fort Ann.  That he was at Wood Creek into which he was ordered to fall trees to prevent the passages of boats.  That he cannot now remember how many times or how long he served as a militia now as aforesaid but says he was gone once when drafted as aforesaid in weeks and at another time four weeks.  That at the said town of Sheffield where he resided there were frequent alarms from incursion of the Enemy and Indians and on such occasions he was called out a number of times until the surrender of General Burgoyne and believes that the whole  period of his service in the revolutionary war as a militia man in this declaration mentioned as aforesaid may amount to about one year. That he has no doc-
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-umentary evidence of his service as such militia man as aforesaid and is not acquainted with any person whose affidavit of service he can procure except William Owen a pensioner residing in the town of Penfield in the county of Monroe in the state of New York whose affidavit is hereunto annexed.  The declarant further says that he was born at Sheffield in the county of Berkshire in the state of Massachusetts but has no record of his age. That the regular troops where he served were commanded a part of the time by General Schuyler and afterwards by General Gates. 
[signature] Jeremiah Fox

That he never received any discharge as a militia man as he recollects or if he did has lost it. That Daniel Rice and Jonathan Buell are the names of persons in his neighborhood and who can testify to his character for veracity and their belief of his services as a soldier of the revolution.  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.
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We Daniel Rice and Jonathan Buell residing in the town of Bloomfield in the County of Ontario & State of New York hereby certify that we are well acquainted with Jeremiah Fox who has subscribed & sworn to the above declaration and we believe him to be seventy nine 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. 
[signature] Daniel Rice 
[signature] J. Buell 

Sworn & subscribed the day & year as aforesaid in open Court. 
[signature] Charles Crane County Clerk 

And the said Court do hereby declare their opinion after the investigation of the matter and after the 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 there is no clergyman residing in the neighborhood of the said Jeremiah Fox and that Daniel Rice & Jonathan Bell who have signed the preceeding certificate are residents in the town of Bloomfield in the said County of Ontario and are both credible persons, and that their statement is entitled to credit. 

I Charles Crane Clerk of the Court of Comm Pleas of Ontario County do hereby certify that the foregoing contains the original procedings of the said Court in the matter of the application of Jeremiah Fox for a Pension
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[seal]

In Testimony whereof I have hereunto set my hand and seal of Office this twenty seventh day of August A.D. 1832.
[signature] Charles Crane
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No. 9220
Jeremiah Fox
admd. [admitted]

4.14
["Justice not authorized to take affidavits" lined thru]

30 No. '32

P 122?

[signature] Thos. Beals
Canandaigua N. Y.
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[printed form, blanks filled by hand]

Brief in the case of Jeremiah Fox of Bloomfield in the state of N. York
(Act 7th June, 1832)

1. Was the declaration made before a a Court of a Judge?  in open court

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

3.  How old is he?  Seventy nine years

4.  State his service, as directed in the form annexed.
[Table follows]
Period | Duration of Service | Rank | Names of General and Field Officers under whom he served.

In 1775 - Inlisted for 8 months in Col. Fellows Regt. Mass'ts line.  Served out the period of his enlistment, "except that he went home, on furlough, a short time before it expired"
Reinlisted on the 1st Jany 1776 for one year in Col. Jonathan Ward's Regt., Mass'ts line and was discharged in June following on account of sickness.
States that after the above mentioned service he was called out on many occasions in the militia, and that his service in this way "may amount to one year". 

5.  In what battles was he engaged?

6.  Where did he reside when he entered the service?  Sheffield - Mas'ts

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

8.  Are the papers defective as to form or authentication?  and if so, in what respect?
the papers are correct

I certify that the foregoing statement and  the answers agree with the evidence in the case above mentioned. 

[signature] William Gordon
Examining Clerk
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[printed form blanks filled by hand]
[first couple of lines cut off]

for a statement of the military history of Jeremiah Fox a soldier of the Revolutionary War, you will find below the desired information as contained in his application for pension on file in this Bureau.  S. F. 13076

[Table of Service Information follows]
DATES OF ENLISTMENT OR APPOINTMENT. | LENGH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENTERED. CAPTAIN. COLONEL. | STATE

1775 - 8 months - Private, Capt. William Bacon Col. John Fellows - Mass.

Jan 1, 1776 - 5 months, Private, Capt. Samuel Bartlett, Col. Jonathan Ward - Mass.

1776 and 1777 - on several tours, amounting to 1 year, Private, Capt. Enoch Noble, Col. Collar - Mass.

Battles engaged in, ✓

Residence of soldier at enlistment, Sheffield, Berkshire Co., Mass.

Date of application for pension, Aug. 27, 1832, his cl. was al. [claim was allowed]

Residence at date of application, Bloomfield, Ontario Co., NY

Age at date of application - 79 years; he was born at Sheffield, Mass.

Remarks:  There is no data relative to family.
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[illegible initials]

[printed form, blanks filled by hand]

3─871.
RECORD DIVISION.

Department of the Interior,
Bureau of Pensions.

Briefed by Geoege M. Moore
["Claim No." lined thru] Mar. 9, 1910.

Certificate No. [blank]
Claimant [blank]
Soldier Jeremiah Fox
Service Mass.       Rev
Additional Service [blank]

No. ______ claim, State records ______, 190__
No claim, combination records _____, 190__

REMARKS:
No. O. W. , I. W. or R. as above except I.F. 13076

[blank]
Chief Division

0-6
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[printed form, blanks filled by hand]

13.076
✓ INVALID.
Rev War

File No. 13.176
Jeremiah Fox
Pri Rev War

Act: June 7th 32
Page
Index:─Vol. [blank], Page [blank]
[ Arrangement of 1870. ]
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1910, Mch. 12.  History to S.M. Fox, Manhattan, Kans.
Letter with wid. F 18,004, Crispus Fox
f.w.
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[seal]
State of New York 
Monroe County ss 

[William Owen] of the town of Perinton County aforesaid being duly sworn doth depose and say that he is now seventy years of age that he is a Revolutionary soldier and now receives a pension from the Government. That he is well acquainted with Jeremiah Fox whose declaration is hereunto annexed   that during the war of the Revolution they both lived in the town of Sheffield County of Berkshire and State of Massachusetts that he was well acquainted with the said Jeremiah Fox at that time. That the said Jeremiah Fox was in the American Army at the time of the Bunker hill battle and afterwards during that season under General Washington. That the said Jeremiah Fox was out in the militia the season of the invasion and capture of General Burgoyne's army and at divers times during the war of the Revolution, that this knowledge was derived from being a neighbour and knowing at the times of his entering the American service and the times of his coming home and from the fact of his being present when he marched under arms with those who were going to meet the Enemy and from other circumstances. That he recollects particularly the time that he was called out at the time of the invasion of Burgoyne - That he accompanied him a number of miles on the march.
[signature] William Owen 

Subscribed and sworn to the 14th day of March 1833 before me 
[signature] L. Adams Com'r [Commissioner] of Deeds for the County of Monroe

State of New York 
Monroe County ss }
I certify that I am acquainted with William Owen who has subscribed & sworn to the foregoing affidavit. And that he is a person of credibility. Dated the 14th day of March 1833 
[signature] L. Adams Com'r of Deeds for the County of Monroe
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State of New York 
Monroe County Clerks office } ss 

[seal]
I certify that Leonard Adams before whom the foregoing affidavit purports to have been sworn, and by whom the the (sic) foregoing certificate purports to have been signed was at the date of said affidavit and certificate a commissioner of Deeds in and for said County of Monroe duly commissioned and sworn and authorized by Law to take affidavits to be read and used in courts of Record in said State of New York and that I am well acquainted with his hand writing and verily believe that his name subscribed to said affidavit and certificate is his proper hand writing and signature 
In testimony whereof I have hereunto set my hand and seal of office this 14th day of March 1833 
[signature] S. Adams Clerk of Moore County
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State of New York 
Ontario County } ss
Personally appeared before me the undersigned a commissioner of Deeds & affidavits in & for said County Jeremiah Fox of the town of Bloomfield in said county who being by me duly sworn deposeth & saith that by reason of old age and the consequent loss of memory he cannot swear any more positively than he has done in his declarations hereunto annexed 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: under the first enlistment mentioned in his declaration he served for 8 eight months as a private under the said second enlistment served for five months also as a private. He also served on various drafts as a militia man as mentioned & set forth in his said declaration but cannot be more particular than he has been as to the times of service of the other facts therein mentioned but says he served as such militia man as aforesaid not less than one year in the whole. He says that this is the impression which he entertained at the close of the said service and has always since entertained. And that he served as a private in the regular army & militia as aforesaid in the revolutionary war two years & one month-- For none of which has he received any adequate compensation & for such services he now claims a Pension 
Jerimiah Fox [signature] 
Subscribed & sworn this 16 day of March 1833 before me 
Josiah Porter Commissioner of deeds & affidavits [signature]
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State of New York, 
Ontario County ss. }
[seal]

I, Charles Crane, Clerk of said County do hereby certify that Josiah Porter, whose name is subscribed to the foregoing certificate of affidavit, was, at the date thereof, a commissioner of Deeds and affidavits in and for said County, duly commissioned and sworn, and legally authorized to take the said affidavit; and I further certify that I am well acquainted with his hand writing, and verily believe the said signature to be his proper act and deed. 

In testimony whereof, I have hereunto set my hand and seal of office, this twenty-first day of March A.D. 1833.
[signature] Charles Crane
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[printed form, blanks filled by hand, page 1 of 3]

Brief Objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Jeremiah Fox, which requires 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

Militia tours should be set forth in detail

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June, 7 1832?  Yes

VIII.  Has the Court given their opinion?  Yes

IX.  Has the Clerk given his certificate?   Yes

X.  Is the Clerks' seal affixed?  And if so, has it a device or inscription by which it can be distinguished from any other seal?  Yes
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[printed form, blanks filled by hand, page 2 of 3]

2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service ? it is certified that the Clergyman resides in his neighborhood — He has adduced the testimony of two credible persons

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining 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? Has no documenting evidence — Has adduced the testimony of one living witness

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
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Yes.
Justice of the Peace has no authority to take affidavits in support of pension claims

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? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ?  And, if not, which of them is not so answered?  the Court Certify that the interrogatories were put to the applicant.
-----------------
EXPLANATORY NOTES.
✵QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c.  A.  B.  who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For -------, year ------ ---- months and ---------- days, I served as a ---------. For ------- months and -------- days, I served as a --------; and for such service I claim a pension."
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[printed form, blanks filled by hand, page 3 of 3]
3

It is important in all cases to determine with precision the period for which the 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 administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

‡QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.