Revolutionary War Pension and Bounty Land Warrant Application File S. 18,534, for Nathaniel Oak, Massachusetts
Page 1

(3-1776)
SERVICE
Mass. Oak, Nathaniel NUMBER S. 18.534
N.H.
carded
CONTENTS
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[left side of document]
Maine 9283
Vermont 13 [crossed out]
Nathaniel Oak
Chelsea in the State of Ver
who was a prv in the Com commanded by Captain -- of the Reg commanded by Col Wingate in the N. Ham line for 6 mo. Mass
Inscribed on the Roll of Vermont at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1831
Certificate of Pension issued the 23d day of April 1833 and sent John W. Smith Chelsea vt
Arrears to the 4th of March 83 $40
Semi-anl allowance ending Sept [83] 10 Total $50
{Revolutionary Claim, Act June 7, 1832.}
Recorded by E D Bullock {signature} Clerk,
Book E Vol.3 Page 82
[right side of document]
Cer to Pen Agt 30 March 183?
To Maine from 4th Sept 183?
12 April 1939. Notification
Pensioner, Bangor, Maine
Page 3

Mar 29
{?} Evans
[stamp]
FREE
J. L. Edwards Esqr
Commissioner of Pensions
Washington City
Page 4

J.L. Edwards Esquire Commissioner of Pensions}
State of Maine County of Penobscot} ss
Application for a Transfer
On this twenty second day of March 1839 before me the subscriber a Justice of the Peace in and for the said County of Penobscot personally appeared Nathaniel Oak who, on his oath declares that he is the same person who formerly belonged to the Company command by Captain Humphrey, in the Regiment commanded by Colonel Wingate in the service of the United States; that his name was placed on the pension roll of the State of Vermont from whence he has lately removed; that he now resides in the State of Maine where he intends to remain, and wishes his pension to be there payable in future, and that his reason for removing to the State of Maine is to spend the remainder of his days with his son who resides in Exeter in said State of Maine and County of Penobscot.
Nathaniel Oak 
Sworn and subscribed to, before me, the day and year aforesaid} 
Joseph Carr Justice of the Peace
State of Maine Penobscot County} ss Bangor March 22 1839
Be it known, that before me Joseph Carr a Justice of the Peace in and for the County aforesaid, personally appeared Nathaniel Oak Junr of Exeter in said County and made oath in due form of law, that he is perfectly acquainted with Nathaniel Oak above named and that he is the identical person therein named.
Nathaniel Oak Junr
Sworn and subscribed to, before me the day and year above written}
Joseph Carr Justice of the Peace
I Joseph Carr a Justice of the Peace do hereby certify that I am well and personally acquainted with the above named Nathaniel Oak Junior and that he is a very respectable farmer and a person of veracity of which there is no manner of doubt.
Joseph Carr, Justice of the Peace
Signature of the Magistrate
Joseph Carr Jus. Peace
State of Maine Penobscot County} ss
I Charles Stetson, Clerk of the Courts, of the County and State aforesaid, do hereby certify that Joseph Carr is a Justice of the Peace and of the Quorum in and for said County, duly commissioned and qualified; and that his commission was dated on the third day of October 1838, and will expire on the third day of October 1845., and that his signature above written is genuine given under my hand and Seal of said Court this twenty third day of March Anno Domini 1839 Charles Stetson - Clerk
[seal]
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Nathaniel Oak No.8
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3610
Nathaniel Oak
Declaration
Chelsea
V.T.
Make return to
John W Smith Chelsea
Orange Co. V.T.
Page 7

State of Vermont, Orange County SS.} 
At Chelsea --in said County on this 21st day of August A. D. 1832, personally appeared in open Court, before Hon. Titus Hatchinson Daniel Cabb & Thomas Jones Justices of the County Court of said Orange County, now setting, being a Court of Record Nathaniel Oak a resident of Chelsea in the County of Orange and State of Vermont, aged 81 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 in the year 1775 he resided in Winchester in the County of Cheshire & State of New Hampshire that on the 19th of April of that year being the day of the Lexington battle, he volunteered in the service of the United States to march forthwith to Cambridge in said State that he entered  the Company of Massachusetts -- Militia commanded by Capt. Benjamin Hastings & Lieut. Houghton in the Regiment commanded by Col. John Whitcomb& Lieut. Col. Asa Whitcomb & Maj. Sawyer that his Company were called Minute Men, and had for a year previous stood ready to march at a moments warning and had been called out on an alarm several times over to Cambridge & over to Watertown -- that he marched with his Company forthwith to Cambridge Massachusetts and arrived there on the 20th the day after Lexington Battle & remained there on guard & on fatigue and continued in said service  about six weeks according to his best recollection & was verbally discharged at Cambridge [?] at the expiration of the said six weeks --
Also that sometime in the month of June he thinks about the first of the month 1776 he again volunteered in the service of the United States in the New Hampshire Militia in the Company commanded by Capt. William Humphrey in the Regiment commanded by Col. Wingate & Lieut. Col. Connor that immediately on enlistment on volunteering the marches from Winchester afs. to Keene & then to Charleston [sp ?] & there drew provisions & his regiment then provided [illegible] afs. the Country to Otter Creeks - stuck the Lake between Crown Point & Ticonderoga & [pass] through to Mount. Independence Col. Wymans Regiment soon joined them from Keene New Hampshire that several Regiments were stationed there & in that vicinity & he thinks Gen. Sullivan had the chief Command. that he was detached to cut and open a road from Mount Independence to Hubbardston a distance of about 25 miles -- that two Companies were so detached & he then returned to the afs. Mount and continued them on guard & on fatigue till his term of five months expired which was the [illegible] part of November 1776 -- that he enlisted or volunteered was mustered and was discharged for five months & that his discharge was verbal that he no documentary evidence to prove his service and that he knows of no person ---
whose testimony he can [procure] who can testify to his service except what he has procured---
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 or any State.
to my knowledge
Sworn to, and subscribed, the day and year aforesaid, Nattl Oak [signature]
H E G McLaughlin [signature] Clerk
Page 8

We Calvin Dabb [illegible] residing in Chelsea in said County of Orange and Josiah Dana [illegible] in the said Chelsea hereby certify that we are well acquainted with Nathl. Oak subscribed and sworn to the [illegible] declaration, and that we believe him to be 81 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid
Calvin Dabb [signature]
Josiah Dana [signature]
H E G McLaughlin [signature] Clerk 
And the said Court do hereby declare their opinion after the investigation of the matter and after puitting 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 Calvin Dabb who has signed the preceding certificate, is a Clergyman resident in Chelsea in said County, and that Josiah Dana who has also signed the same is a resident in the same place, and is a credible person, and that their statement is entitled to credit.
H E G McLaughlin [signature] Clerk
H E G McLaughlin Clerk of the Court of Orange County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nathaniel Oak for a pension. In Testimony whereof I hereunto set my hand and seal of Office, this [?] day of August A.D. 1833
H E G McLaughlin [signature] CLERK
Page 9

[left side of document]
P 
18534
INVALID.
File No. 18,534
Nathaniel Oak
Pri Rev War
Act: June 7 32
Index: --Vol. 1, Page 283
(Arrangement of 1870.)
[right side of document]
Jany 2, 1896
Mil[?]isby to
Joseph Oak
Merrimac, Mass.
Page 10

Bellows Falls VT
apl 8
April 8
J W Evans
Free
J. L. Edwards Esqr
Commissioner of Pensions
Washington D. C.
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Pension Agency
Bank of Bellows Falls
April 2. 1839
Sir
Nathaniel Oak, a pensioner at $20.00 pr an. under the Act of June 7, 1832, has been paid at this agency to Sept 1838.
I am most respectfully 
Yr. Obe Secy
William Henry for N. Fullerton Page
J. L. Edwards Esq
Court of Pensions
Page 12

[Left side of document]
Elijah Whitney
Deposition
N 11
{right side of document]
[illegible]
Page 13

I Elijah Whitney of Williamstown in the County of Orange and State of Vermont aged seventy three years depose testify and say that in the spring of 1775 I was enrolled in and belonged to a Company of troops commonly called Minute Men at Bolton in Massachusetts commanded by Captain Benjamin Hastings and Col John Whitcombs Regiment. On the occurrence of the battle of Lexington and the alarm thereupon said Company marched for Cambridge & Nathaniel Oak then residing in Winchester in New Hampshire but now of Chelsea in Orange County and State of Vermont belonged to said Company and marched with the same to Cambridge where the said Oak remained in service in said Company for a period but how long I am not able to state.
Elijah Whitney [signature]
State of Vermont Orange County ss}
At Chelsea in said County July 21 1832 personally appeared Elijah Whitney known to me and and a credible witness and made oath that the foregoing deposition by him subscribed contains the truth and nothing but the truth
before me
D Azro A Buck [signature] Justice Peace
State of Vermont Orange County Clerks Office
August 22d AD 1832 I, H, E, G, McLaughlin 
Clerk of Orange County Court hereby 
certify that D Azro A Buck before
whom the above affidavit was taken
is a Justice of the Peace duly authorized to 
administer oaths, and that the signature
purporting to be his is genuine.
In testimony whereof I have hereto set
my hand and Seal the day and year above written
Attest H, E, G, McLaughlin Clerk
Page 14

Denetra Band
Affidavit
Asa Band
Deposition
Page 15

I Asa Band of Thetford County of Orange and State of Vermont do depose and say that Nathaniel Oak now of Chelsea in this County Enlisted into the Company of Capt Wm Humphrey and the Regiment of Col Wingate in the second year of the war and was with me at Ticondiroga five months we both Enlisted at one time at Winchester New Hampshire I am now in the 75 year of my age and Capt oak is several years older [illegible]
Thetford August 17th 1832
State of Vermont Orange County} Thetford August 17th 1832
Then Asa Band personally appeared and signed the above affidavitt and sworn to this truth therein contained before me
Stephen Eastman} [signature] Just Peace
[State of Vermont Orange C is crossed out]
I also certify that the deponent is a credible witness and his testimony entitled to credit
Stephen Eastman} Just. Peace
State of Vermont Orange County Clerks Office 22 August AD 1832 I H, E, G, McLaughlin Clerk of Orange County Court hereby certify that Stephen Eastman before whom the foregoing affidavit was taken was at that time a Justice of the Peace in and for said County duly authorised to administer oaths, and the signatures purporting to be his are genuine. --
In Testimony whereof I have hereunto set my hand and Seal the day and year above written 
H, E, G, McLaughlin [signature] Clerk
Page 16

3610
Nathaniel Oak
admit
6ai private
$20
John W Smith
Chelsea VT
Pvt Nathaniel Oak
Chelsea VT
Page 17

WAR DEPARTMENT,
Pension Office,
April 23d 1833
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 regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them: and you will, by complying with this request; greatly facilitate the investigation of your claim.
A Statement, showing the Service of [blank]
[tabular form]
Period when the service was rendered. [blank]
Duration of the claimant's service [blank]
Years.
Months.
Days.
Rank of the claimant [blank]
Names and rank of the Field officers under whom he served. [blank]
Age at present, and place of abode when he entered the service. [blank]
Proof by which the declaration is supported. [blank]
I am, respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.
[W] Nathaniel Oak
Chelsea VT
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2
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State Troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
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 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, of District of ---County of ---} ss.
On this --- day of --- personally appeared (a) before ---A.B. a resident (b) of --- in the county of --- and State, Territory or District of --- aged (c) --- years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) --- ,with --- and served in the --- (e) regiment of the --- line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he 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. [right hand pointing image] 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.
[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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. 
And the Court further certifies, that it appears to them that A.B. 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 can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3
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 ex-expected [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 was, 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?
6. { 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 the 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 the 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 service 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 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 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." 
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 of four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectional. 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 case.
(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 the 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.
[right hand pointing image] The notes from (a) to ( ) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in 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.
Page 20

H. C. OAK
PHOTOGRAPHER  ..
MAIN STREET.
CRAYONS, PORTRAITS
COPYING, ENLARGING, ETC.
SPECIAL ATTENTION PAID TO CARRIAGE WORK.
O
MERRIMAC, MASS. Nov 25 1895
Commissioner of Pensions
Dear Sir
I am seeking proof that I am a descendant of a Revolutionary Soldier and as we have no heirs and as my Grandfather was a pensioner thought proof could be obtained through the Pension Bureau My Grandfathers name was Nathaniel Oak and I think went from the State of Vermont -- the last pension he drew as March 4 1940 an older Brother of mine
Page 21

[Postal stamp] Nov 25 1895
recollects of going to Bangor Maine when he collected it
Had he lived until now would of been 133 yrs old
I have it in my mind that he was a Captain but am not sure
Any information subtaining the fact will highly prized as I wish to join the Sons of the Revolution
Hoping to hear from your department I [illegible] Your
Respectfully Yours
Joseph Oak
Merrimac Mass Essex Co