Revolutionary War Pension and Bounty Land Warrant Application File S. 21801, Darius Hawkins, R.I.
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R.I.   Hawkins, Darius     S. 21801
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15773
Rhode Island
Darius Hawkins
of Providence in the State of R.I. who was a Private in the company commanded by Captain Weatherhead of the Reg. commanded by Col. Brown in the R. Island line for 13 months
Inscribed on the Roll of Massachusetts at the rate of 43 Dollars 33 Cents per annum, to commence on the 4th day of March 1831.
Certificate of Pension issued the 25 day of July 1833 and sent Benjn Cowell Providence R. I.
Arrears to the 4th of March 1833  $86.66
Semi-anl. allowance ending ___       21.67
                                                        $108.33
{Revolutionary Claim, Act June 7, 1832}
Recorded by D.D. Addison Clerk
Book C  Vol.2    Page 112
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Darius Hawkins
22165
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RHODE - ISLAND DISTRICT, sc. August Term 1832
County of Providence
On this Eighth day of August A.D. 1832 personally appeared in open Court, being a District Court of the United States within and for said District, now in session - Darius Hawkins a resident of Cumberland in the County of Providence and State of Rhode Island aged 73 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, viz. That he entered the service of the United States under the following named officers, and served as herein stated
He was born May 5th, 1759 in Cumberland whereby  the records of that town will appear, and has always resided there both before and since the War--
and this applicant further states that in December 1776 he was drafted for one month in Cap. Enoch Wetherheads company & Col. Chad Browns regiment of Militia & served at Bristol
and this applicant further states that in March 1777 he was drafted for one month in the same company & regiment and served at Providence
and this applicant further states that in April 1777 he enlisted for six months in Cap. George Pecks company of Minute men and served in Cumberland guarding the Beacon Pole
and this applicant further states that in August 1778 he was drafted for one month in Cap. G. Pecks company of Minute men of which William Bowen was Lieutenant & whose regiment of Militia ____ were commanded by Col. Livingston & served on Rhode Island & were in the Battles there.
and this applicant further states that in March 1779 he was drafter & served one month in Cap. Auariah Wetherheads Company & also served two months as a substitute in Cap. ___ Whipples company & Col. John Whipples regiment of Militia & served on Rhode Island and this applicant further states that in March 1782 he enlisted in Cap. Daniel Chowry's Company & Col. Geo. Pecks regiment of Militia for one month & served in Rhode Island
all of which drafts & enlistments he served out as a private and was honorably discharged

Had no written discharge
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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.
With B Cowell   Darius Hawkins
We (blank) a Clergyman, residing in the (blank) and, (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 day and year aforesaid.
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 ___ ___ Jeremiah Peck ____Harris & William Follet who have certified as aforesaid are residents of the state and credible persons and that their statement is entitled to credit.
I, BENJAMIN COWELL, Clerk of said District Court, do herby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Darius Hawkins for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 29th day of December AD 1832
Benjamin Cowell CLK
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22165
Darius Hawkins
F.I.

Private 13 mo.


B. Cowell
Providence
R.I.
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Brief in the case of Darius Hawkins of Providence in the State of R.I.
(Act 7th June, 1832
1.Was the declaration made before a Court or a Judge?  Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 73
4. State his service, as directed in the form annexed

Dec. 1776 ___ 1  month  private Cap Wetherhead Col Brown
March 1776 __1 month  private  Cap Wetherhead Col Brown
April 1777 __ 6 months  private  Cap Peck
Aug. 1778 __ 1 month  private Cap Peck  Col Livingston
March 1779 __ 2 months  private  Cap Whipple  Col Whipple
March 1782 -- 1 month  private  Cap Mowry  Col Peck

5. In what battles was he engaged? Battles of R.I.
6. Where did he reside when he entered the service?  Providence R. I.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  four living witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect?  Papers are not attached agreeably to the registration

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor Examining Clerk.
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Revolution 21801 INVALID. File No. 21801 Darius Hawkins Pri Rev War Act: June 7, 32 Index: Vol. 2, Page 167 [Arrangement of 1870]
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22163
Darius Hawkins
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Darius Hawkins 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?   YES
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 Clerk's 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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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and general belief in his neighborhood relative to his revolutionary service?
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?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?   YES
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?   YES
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
XVIL. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, 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 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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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. Some persons who apply for pensions merely state 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 objectionable. It must in every case be clearly shewn 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. 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 authenticates the papers is not written on the same sheet of papers 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 improperly attached to the certificate. In every case where the clerk of the court, or other certifying officer, 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.
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To the Hon. District Court of the United States for the District of Rhode Island to beholden at Providence on the 7 day of August AD 1832  ___ one the depositions of Jeremiah Peck, Oliver Horris, William Fallett, James Harrington taken before me 
Arnold W. Jenks Justice of the Peace
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I James Harrington of Cumberland County of Providence State of Rhode Island being of lawful age and engaged according to law do testify on this day that Darius Hawkins of Cumberland County and State afore said was called into the revolutionary service and served under Capt. Enoch Weatherhead one month in the month of December in 1776 in Bristol in said State and I further state that he ___under Capt. George Peck in 1777 and was stationed to guard the Beacon Pole and  War like  states and  served the term of 6 months
James Harrington
August 8th 1832
Sworn to in open Court
B. Cowell CLK
The above depositions were taken before me


Arnold W. Jenks Just. Peace
State of Rhode Island & Providence ___
I William R. Watson, Clerk of the Court of Common Pleas within & for the county of Providence, in said state, do hereby certify that Arnold W. Jenks is a Justice of the Peace for the town of Cumberland in said county & state; that he is by the laws of said state, authorized to administer oaths & take depositions & that the signature to the annexed document, purporting to be his, is in the proper hand writing of said Jenks.
In testimony whereof, I set my hand & affix the seal of said Court, at Providence this 29th day of December in the year of our LORD 1832
Wm. R Watson
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I Jeremiah Peck of ____in the County of Bristol State of Massachusetts being of lawful age and engaged according to law do testify and say that Darius Hawkins of Cumberland County of Providence State of Rhode Island entered into the Revolutionary War served under Capt. Amos Whipple and served the time of three months as private soldier in said Company on the Island of Rhode Island in the year 1779
Jeremiah (his mark) Peck

I Oliver Harris of Cumberland in the County of Providence State of Rhode Island being of lawful age and engaged according to law do testify and say  that Darius Hawkins of Cumberland County and State aforesaid entered into the revolutionary ___in the year 1742 for one month and served the term of that time in the month of March in Capt. Daniel Mowrey Company in Col. Geo. Pecks Regiment.
I certify that I served with him on the Island of Rhode Island
Oliver Harris

William Follett of Cumberland County of Providence State of Rhode Island being of Lawful age and engaged according to law do testify and say that Darius Hawking of Cumberland County and State aforesaid was in the revolutionary service in 1776 and served one month under Capt. Enoch Weatherhead in Bristol in State aforesaid I think in the month of December, I further state that he was ____ the spring following and served one month more under said Enoch Weatherhead in Providence
William Follet