Revolutionary War Pension and Bounty Land Warrant Application File S. 16081, Theophilus Clark, Mass. Navy Privateer
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SERVICE: Mass. Navy Privateer
Clark, Theophilus
NUMBER: S. 16081
carded
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Left side:
To Bristol
Apr 5, 1836

Right side:
15346 15,346
Massachusetts 
Theophilus Clark 
of Bristol in the State of Mass 
who was a Mariner [4?] in the company commanded 
by Captain --- of the regt commanded 
by Col Doggett in the Mass & Privateer & Navy
line for 4 Mos Mariner
12" 15 Ds P-[illegible]

Inscribed on the Roll of Mass 
at the rate of 57 Dollars 66 Cents per annum, 
to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 10th day of June 
1833 and sent Hon JL Hodges Present 

Arrears to the 4th of Mar 1833 $115.32 
Semi-anl. allowance ending 4 Sept " 28.83
[=] $144.15

{Revolutionary Claim, Act June 7, 1832.} 
Recorded by J H McBlair Clerk 
Book [E?] Vol. 2 Page 12
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Theophilus Clark, son of Theophilus Clark and Hipsabah his wife was born February the fifteenth seventeen hundred and sixty four.
A true copy, second book, page 333, Freetown Records
Attest [Signed] Thomas Bump Clerk of Freetown
Freetown August 22d 1832
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1st [page]

REVOLUTIONARY PENSIONERS. 
Commonwealth of Massachusetts. 
COUNTY OF Bristol ss. 

On this Thirtieth day of August 1832, personally appeared in open Court, before the Hon Hodijah Baylies Judge the Court of Probate within and for said County now sitting at Dighton by adjournment within and for said County of Bristol, Theophilus Clark a resident of Freetown in said County of Bristol and Commonwealth of Massachusetts, aged Sixty eight 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. 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. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated. 
[1st in margin] That he enlisted (and commenced his service in the Revolutionary war, when he was in the fourteenth year of his age) in a company of Infantry commanded by Capt Richmond ^Mass.  That he was enlisted by Sylvester Jones a Lieutenant of the same company for the period of six months, at Taunton in said County, that there being the place of his the said Clark's residence.  He enlisted as aforesaid (he thinks) in ^July or August in 1777.  That in a day or two after he thus enlisted, he together with others were marched by the said Jones from said Taunton through Providence R.I. to North Kingston R.I. where he and those with him joined Capt Richmond's company. After their [sic] remaining a short ^time, he with the company were marched to Fogland Ferry so called in the same State, in order to land upon the Island of Rhode Island with the other troops under the command of Gen. Spencer.  But not being able to land upon the Island on account of the enemy and after remaining some time at said Fogland Ferry and at Howlands ferry (where he the said Clark was engaged in fixing boats, in which to cross to the Island and the expedition being given up) he with the company were marched to Warren R.I. where he and the company were engaged in guarding the Shores and a House of provisions for the American troops which ^store was near the Kickamuit River so called, untill some time ^(as he thinks) in the month of ^January or February 1778, when ^he having served six months and his term of enlistment ^having expired he was there discharged by Capt. Richmond. His discharge was a verbal and not a written one.  That he does not recollect the name or names of any his regimental officers.  That he does not recollect the name of any general officer with whom and under whom he served ^in any part of this period except Gen. Spencer.  The evidence of this service will be found in the affidavit of Richard Clark which hereunto annexed, and who is the only person now living to the knowledge of the said Theophilus by whom he can prove this term of service - said Richard
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2d [page] 
was a private soldier with him the said Theophilus in the same company. This service was rendered for the State of Massachusetts as he thinks.  He further says that he does not recollect serving in this period either with or in the vicinity of any Continental troops.

2d And the said Theophilus Clark upon his oath aforesaid further declares; that soon after the expiration of his six months service above mentioned and in ^the year of our Lord 1778 he again enlisted.   That he is ^not able to say and determine, whether (after the above described term of service) he ^first enlisted in Capt Snells company for two months, or whether he first served (after said term of six months) in Capt. Nichols company for the period of three months.  He however according to his best and present reccollection [sic], thinks he first served (after the expiration of the said six months) in Capt Snells company. 
He knows however and declares (that after serving six months as aforesaid, and before the battle was fought at or near Butts Hill upon the Island of Rhode Island) he again enlisted, at Dighton in said County, that then being his place of residence in a company of Infantry for the period of two months, commanded by Capt Amos Snell, in Col. John Hathaway's Regiment.  That immediately after he thus enlisted he and others were marched from said Dighton to Tiverton R. I. and near to and in the vicinity of Howlands Ferry, so called, where he was stationed with the Regiment two months when his time of enlistment being out he was there discharged by Capt Snell.   This discharge was not in writing, it was a verbal one. When he was at Howlands Ferry and ^in the vicinity thereof in this period of his service, he and the company were engaged in guarding the mainland from the expected invasions of the enemy (the British then being in possession of the Island of Rhode Island). He does not recollect (although his not certain that such was the fact) of any continental troops being at Tiverton in this period of his service as Col. Joseph Durfee he believes was the Lieut. Col. of the Regiment under Col. John Hatherway.   He is unable to state, with any great precision than is above stated, when this service commenced or ended.   The evidence of this service will also be found in Richard Clark's affidavit hereunto annexed, who is the only person whom the said Theophilus now recollects who is alive by whom he can prove this service, and he the said Richard served as a private soldier in the same company.  This service he also thinks and believes was rendered in the service of the State of Massachusetts.
 
3d And the said Theophilus Clerk further declares upon his oath as aforesaid, that immediately after the expiration of said six months &[?] immediately ^before or after the expiration of said Two months and which, as he before stated, he cannot now positively say, and before Sullivans Expedition, so called, upon the Island of Rhode Island, and in the year of our Lord 1778 he served another and further period of Three months in a company of Infantry commanded by Capt James Nichols
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3d [page] 
and Col Daggett's Regiment ^and Gen. Cornell's Brigade.   That he marched from Taunton aforesaid, where he then resided ^ or from Dighton in said County & which he is not certain but thinks from Dighton through Providence R.I. to Warwick neck, so called, in Rhode Island.  That he, with the company were there stationed untill said period of three months had expired and elapsed when he was there discharged by Capt. Nichols.   This discharge was also a verbal and not a writen [sic] one.   That whilst he was stationed at Warwick neck, as aforesaid, he was engaged in guarding the shores from the invasions of the enemy.  That he has no recollection of any continental troops being at Warwick during this period of Three months.    He recollects that Col. John Hathaway in this service of Three months acted and officiated as the Lieut. Colonel of the Regiment under Col Daggett.   The said Theophilus thinks and has ^no doubt that in this period of three months service he was a substitute for some person, but for whom he does not recollect if he ever knew.   At that time he was under the age of twenty one years and perfectly well recollects of his father's telling him the said Theophilus, that he (his father) had hired him the said Theophilus to go upon this campaign under Capt Nichols for the period of three months as aforesaid. He has no doubt the person for whom he was a substitute was drafted, as the company was composed of persons ^that were drafted or of Substitutes for those persons or some of them.   The evidence of this service will be found in the affidavit of Richard Clark and the Affidavit of Isaac Babbitt hereunto annexed, both of whom were private soldiers with him in Capt. Nichols's company   That he does not recollect the name any other officers who were there stationed except the name of Peleg Slade[?] who was the major of Col Daggett's Regiment and Seth Austin who was the lieutenant of the company.  These were two commissioned officers in the company.

4th  And the said Theophilus Clark upon his oath aforesaid further declares that some time in the summer of AD. 1778 his father whose name was also Theopilus [sic]Clark hired him, your applicant, as a substitute for Jonathan Harvey of Taunton, whose affidavit is hereunto annexed, for the period of six weeks to serve in a Company of Infantry under the command of Capt. Ichabod Leonard, in Col. Carpenter's Regiment.   That he the said Theopulus [sic] then lived in said Dighton and went from thence with his father and said
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4th [page]
Hervey to Howlands Ferry so called in Tiverton Rhode Island, where Capt. Leonard accepted of him the said Theopilus [sic] and he served the said Term of six weeks, when he was verbally discharged by Capt Leonard at Slades Ferry so called which is in Massachusetts and a five miles from said Howlands ferry.  In about a week after Capt. Leonard accepted of him as aforesaid, he with the company were transported from said Howlands ferry to the Island of Rhode Island and after being stationed about a week at or near Butts hill so called, he and the company were marched within two or three miles of the Town of Newport where with other troops they threw up fortifications upon the Island in face of the enemy's works which were upon Domine Hill, so called, where after remaining some time and suffering a considerable loss of men who were killed by the shot of the enemy; and the French fleet leaving Newport during this time and putting to sea, they were compelled to retreat.  The British army pursued them and after arriving near Butts Hill there was a general engagement in which the said Theopilus took part, and one or more of the company to which he belonged was killed.   Gen Glover commanded the Brigade to which the Company & Regiment were attached, to which he the said Theopilus belonged. Gen. Sullivan commanded the troops that were upon the Island.  After the battle the American army retreated and abandoned the Island.   He reccollects [sic] that there were Continental troops upon the Island at this time but does recollect the names of their officers.  He reccollects [sic] of then hearing ^of the names of Col. Toppin, Capt Lawyer Gen. Vernum and others.
Evidence of this service will also be found in Richard Clark's affidavit hereunto annexed who is the only person now known to the said Theophilus who is living by whom he can prove the same besides Jonathan Hervey aforesaid, who knows that he went to Howland's ferry & joined Capt Leonard's company.
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6th[page] 
And the said Theophilus Clark upon his oath aforesaid, further declares, that after completing the aforesaid Periods of service in the army, all ^of which period in the army [illegible] to Twelve and an half months.  He was almost constantly engaged at sea either in some Privateer, or in one ^of the United States ships of War, or suffering as a prisoner untill the close of the war of the Revolution; of ^a part of which he will make a statement, not knowing for how much of this time under the Regulations of the ^War Department he is to be allowed.

5th He declares upon his oath aforesaid that in the year of Lord 1779 in the spring he shipped on board of a Privateer called the Blacksnake of NewPort [sic] R. I. That he shipped on board of her as one of her crew at Norwich in the State of Connecticut. She was a schooner and mounted eight carriage guns, beside swivles [sic] &c.  That she sailed from Norwich soon after he shipped on board of her with a full crew, for a cruise.  She cruised off and near Sandy Hook and ^in about three weeks captured five prizes, on board of ^one which ^a part of the crews of the Other four were put and she was then given up, she being a sloop and of no great value.  The reason of putting a part of the prisoners on board of her, was because the privateer was not large, and ^the officers and crew of the privateer were fearful that the prisoners might rise upon the crew of the privateer.   The privateer arrived at New Bedford in Mass. about four weeks from the time she sailed in safety with four of her prizes.  Capt. John Phillips commanded the privateer.  That his father from whom ^by the said Theophilus never [illegible]ed one cent, took the proceeds of this [illegible].  That he had a verbal discharge from Capt. Philips at said New Bedford & he does not know of my person now alive by whom he can prove this service. 

6th  He further declares upon his oath aforesaid, that early in the year of 1780 he went from Dighton aforesaid to Newport R.I. and there entered on board of a Privateer called the Rattlesnake of said Newport commanded by Samuel Freeman.  She was a new brig.  In a few days after he the said Theophilus entered on board as aforesaid, she sailed from Newport with a full crew for a cruise.   She mounted fourteen carriage guns, besides swivles &c..  Four days after she sailed from Newport, she was chased by two British sloops of war, and [illegible] on ^the Jersey shore not far from the Barnegat Inlet, so
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6th
called, that after he and the rest of her crew escaped to the shore, all of whom but one safely landed (and he was drowned) the Sloops of War, bur[n]t the Privateer.   In a few days thereafter, he the said Theopilus and others of the crew left that place and after traveling from thence through Elizabeth Town where the American ^army then was, and then crossing Kings Ferry some distance above New York city, they proceeded to New London in the State of Connecticut, and being destitute of clothes, as every thing was lost and burnt up with the privateer, he the said Theophilus and others of the Crew  of the privateer ^there entered on board of the United States Ship of War The Trumbell [s/b Trumbull] of thirty guns.  That he entered on board of her serve during the cruise she was then about to make.   Very soon after he entered on board of her, she sailed on her cruise and proceeded near to the West India Islands,  and after cruising upwards of three months ^ between the West Indies and The United States, the Trumbell fell in with the British ship of war ^called the Watt when an action was fought Two and half hours or five glasses long with her.   The Watt was a thirty six gun ship.   During this action the said Theophilus was stationed at one of the large guns at which he had before been daily exercised.  After the fighting both ships hauled off as both were much injured in their rigging and spars.  The ships during more than half the engagement were within pistol shot of each other.   Capt James Nickerson command the Trumbell - lieutenant Bill was killed and Lieut. Star mortally wounded.  Many of the crew were killed or mortally wounded. Eight were Killed and twenty eight wounded on board the Trumbell. Many of the wounded died before the Trumbell arrived in port.  The next day after the engagement, the mainmast and mizenmast and foretopmast went overboard.  Fourteen days after the battle she arrived in Boston Mass. a wreck.   That he the said Theophilus was there discharged That he does not recollect of receiving a written discharge. That he entered on board ^of her a Volunteer.   That he served as a mariner.   That he served on board of her four months at least and the said Theophilus thinks longer.  That he does not now know of any person living by whom he can prove this service.  Evidence tending to show his service will be found the annexed affidavit of Richard Clark.  That he he entered on board the Trumbell; he thinks some time in the month of April
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7th 
and arrived ^in Boston as he thinks in the latter part of August on the first of September AD. 1780. He cannot however be certain of the month or of the day in which he entered on board of her or was discharged from her. 

6th  And the said Theophilus upon his oath aforesaid further declares, that some time in the spring D. 1781 he entered on board the Privateer (a ship) of twenty two carriage guns called the General Washington,  she belonged as he thinks to persons in the State of Virginia.  He entered on board of her however at New Bedford in the County of Bristol and State of Mass.   James Walker commanded her.  That she sailed from said New Bedford, where she fitted out, some time in the month of March 1781 with a full crew, for a cruise; between the United States and the West India Islands. That after cruising about two or three months, and before falling in with any prizes, she was captured by the British Ship of war called the Chatham carrying forty guns. After she was captured, she was taken to New York together with her crew.  The said Theopilus served on board of the Gen. Washington as a mariner before she was captured from the time she sailed.   After arriving at New York he ^the said Theophilus with the principal part of the crew were put on board of The Jersey prison ship, where many of them died.   After he remained on board of the Jersey nearly if not quite two months, he was set to work by her officers in bringing water from the shore to the prison ship, and in a few days after being thus employed he made his escape and got into the city of New York, where he was ^again taken and put on board of a transport for Jam[a]ica.   After arriving in the transport at the Island of Jamica he was there pressed by a gang ^and put on board the frigate Ilona [Latona?] ^on board of which he remained cruising among the West India Islands about eight or nine months when he escaped from her in Jamica, and after traveling about sixty miles across the Island, he then got on board of an English Brigg [sic] for New York, where he afterwards arrived, about the time of the evacuation of the City of New York by the British.  That he the said Theopilus then
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8th [page]
succeeded in getting out of the city and returned home to his father's house who resided on his return in Freetown in said County.  That he was absent from home from the time he left New Bedford aforesaid and before ^he could get to Freetown as aforesaid upwards of the term of Two years.   That he does not know of any person now living who was with him on board of the privateer Gen. Washington or with him whilst a prisoner, or ^that was with him during any part of this period when he was ^transported and wandering from one part of the world to another, by whom he can prove the facts above set forth.  But the said Theophilus if he knew that this period would be included in the time of service, which it is necessary to prove in order to make two years of service, has no doubt that he can show by persons now living that he was absent from home as before stated and ^that his statement as above, was about that time and ever since has been reputed to be true. 

And the said Theopilus Clark upon his oath aforesaid, in order more fully to answer the Interrogatories propounded by the Secretary of War, says that he was born at said Freetown on the fifteenth day of February AD. 1764.  That he has an attested copy of the record of his Birth taken from the records of Births of said Town of Freetown which is hereunto annexed.  That his place of residence at the several periods when he was called into the service is particularly before dated in this declaration.  That he resided, after the Revolution, in said Freetown about twenty two years, when he moved to Norwich in Connecticut, where he resided about six years, & from thence he moved to New London in the same state where ^he resided about thirteen years, and from thence he returned to said Freetown where he has resided about ^seven years and where he now resides.  How he was called into the service, and also the names of his officers & other officers together with such regiments as he recollects together with the names of the [illegible] and ^the names of the officers under whom he served; together with the manner in which he was discharged both in the land and naval service, are before mentioned and described in
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9th [page] 
this declaration.  The names of the persons who can testify to his veracity and in part to his services as a soldier, are the same that have subscribed the annexed affidavits; and ^in addition to these he has no doubt but that the Rev. Philip Hathaway and Elnathan P. Hathaway both residents in said Freetown can testify to his character for verasity [sic] and their belief that ^he rendered the aforementioned and described services in the Revolutionary war. 
[Signed] Theophilus Clark 

Sworn to and subscribed the day & year aforesaid 
[Signed] H. Baylies, Judge of Probate
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I Richard Clark of Freetown in the County of Bristol and Commonwealth of Massachusetts, being in the Seventy first year of my age, do testify and say that I served as a private soldier in the war of the Revolution, and that my brother Theophilus Clark now a resident in the same Freetown did serve with me for the period of Six months in a company of Infantry in Capt Richmond's company; that said Theophilus and myself e[n]listed at Taunton in said County and that we were enlisted by Sylvester Jones who was one of the Lieutenants of Capt. Richmond's company.  That we enlisted and commenced this period of service I think in the year of our Lord 1777 & terminated the same in the ^commencement of the year of our Lord 1778.  I cannot now state the month or the day when we e[n]listed or commenced this period of service or the day or the month when it ended, but I do know and declare we served as aforesaid for and during the period of Six months -- that very shortly after we enlisted as aforesaid we were marched from said Taunton to Providence R.I. where after remaining a short time, we marched (I think and believe) to the South Ferry (I think and believe) in North Kingston, where after remaining some time, we were marched to Fogland Ferry on Tiverton R.I. in order to take part in Spencer's Expedition, so called, and after remaining some time at Fogland Ferry we were marched to Warren R.I. where we remained at untill the period  ^where our service expired, where we were discharged by Capt Richmond. We had no written discharge. 
I also do testify and ^further say that my brother Theophilus did also serve in the same company with me as a private soldier in Capt Amos Snell's company of Infantry and in Col. John Hathaway's Regiment for and during the period of two months. The said Theophilus and myself enlisted at Dighton in said County of Bristol for this period of service; after we enlisted we marched from said Dighton to Tiverton R.I. and not far from Howland's Ferry, so called, where we remained guarding the mainland from invasions from the enemy ^the enemy then being in the possession of the Island of Rhode Island, untill we had served the said period of two months, when we were there discharged by Capt. Snell as the period of our service and enlistments then had expired.  We had no written discharge.  I cannot state the month
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nor the day when we thus enlisted or when we commenced service or when our service terminated -  nor am I certain whether it was in AD. 1777 or AD. 1778 but I know it was in one of those years, and either ^a short time before the six months service before stated or soon after said service of six months had expired. But ^I am however verry confident that it was soon after the expiration of the said six months service and in the year of 1778.

I do further testify and say that I served and that my brother Theophilus served with me a further period of Three months in the Revolutionary war in Capt. James Nichols's Company of Berkley in the County of Bristol and in Col. Daggett's Regiment of Rehoboth.  That we marched from ^said Taunton (where we then resided) ^or from Dighton in said County through Providence R.I. to Warwick neck, so called, in Warwick R.I.   That we here staid ^and were stationed in the winter ^and Spring untill said period of three months had expired, when and where we were discharged by Capt. Nichols.  We did not have a written discharge.  I cannot state the day or the month when this service commenced or ended but know that it was in cold weather - Nor am I certain in what year ^or years it was rendered.  I think and believe however from certain circumstances in my reccollection [sic] that we were discharged about the first of April. 

I do certify and further testify and say that I know that said Theophilus served a further period of Six weeks upon Rhode Island in Sullivan's Expedition so called in the year of our Lord 1778 in a company of Infantry and that he was in the action which was fought by the American and British armies upon the Island in that year.  At that time I was in Capt. Sawyers's company of Artilery [sic] which was stationed but a short distance from the company ^to which my brother belonged, and saw him almost ^every day, if not Dayly [sic], as he either come to see me or I went to see him.  I do not recollect the name of his Captain. 

I do further testify and say that I know my brother Theophilus was absent from home in the year of our Lord 1780 - as he and myself at that time, when we were at home, both resided with and in our fathers family at said Freetown.  That when he was absent as aforesaid which was from five to six months as near as I can recollect, it was said and understood by
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myself, my father, my father's family, and the neighborhood, that he was upon a Cruise in ^an armed vessel of the United States called the Trumbell.  When the ^said Theophilus returned home he confirmed what l and the family and others had heard and understood.  It has always been since that time understood and believed and I have never heard it questioned ^and have no reason to doubt but that he was on board the Trumbell on a cruise in that year, as I then heard and understood and that he was in an engagement whilst on board of her. 
[Signed] Richard Clark 

Bristol ss. Aug. 18th 1832 Then personally appeared Richard Clark who Subscribed the foregoing declaration and made solemn oath to the truth of the same.   Before me-[Signed] Elnathan P. Hatheway Justice of the Peace
Bristol ss. May 18th 1833 I certify the character of Richard Clark (who subscribed the foregoing affidavit) is good for verasity [sic] & that his statement is entitled to full faith and credit. [Signed] Elnathan P. Hatheway, Justice of the Peace 

I Isaac Babbitt of Berkley in the County of Bristol being in the seventieth year of my age do testify and say, that I served with Theophilus Clark now of Freetown in said County for the period of three months in the Company of Capt. James Nichols, in Col Daggett's Regiment in the Revolutionary war; that this service was rendered I think (but am not positively certain) in the first part of the year of our Lord 1778.  That the company during the principal parts of this period was stationed at Warwick R.I.   After the expiration of said three months the said Clark who was a private in said company was then discharged by Capt. Nichols by the word of mouth. He received no written discharges at this time.
[Signed] Isaac Babbit 
Bristol ss. Aug. 20th 1832 Then personally appeared Isaac Babbit who subscribed the foregoing declaration and made oath the truth of the same. Before me-  [Signed] Elnathan P. Hatheway, Justice of the Peace 
Bristol ss. May 18th 1833 I certify that the character of Isaac Babbitt (who subscribed the foregoing affidavit) is good for verasity [sic] & that his statement is entitled to full faith and credit. [Signed] Elnathan P. Hatheway, Just. of the Peace
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Commonwealth of Massachusetts 
Bristol ss.  
[SEAL] I James Sproat, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Oliver Pierce and Elnathan P. Hathaway Esqs. whose signatures are affixed to the within & annexed certificates, and Justices of the peace the said Oliver Pierce in & for the County of Plymouth in said Commonwealth, and the said Elnathan P. Hathaway in & for said County of Bristol and duly qualified to administer oaths. 
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, this third day of September in the year of our Lord Eighteen hundred & thirty two.
[Signed] Jas. Sproat 

Crosswise:
9744 
Theophilus Clark
E.P.H.
[Ribboned seal]
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9744
Theophilus Clark

Mariner 4 Month
Private 12. 15 day
[=] 16.15

5 & 16.06[?]
May 7 1833
p 382

56.--
1.66
[=] $57.66

A Bassett E[sq]
Taunton Mass
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BRIEF in the case of Theophilus Clark
County of Bristol in the State of Massachusetts 
(Act 7th June, 1832.) 
1. Was the declaration made before a Court or 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? 68 years 
4. State his service, as directed in the form annexed. 
Period | Duration of Service (Y-M-D) | Rank | Names of General and Field Officers under whom he served.
enlisted 
In 1777 | 0-6-0 | private |  Capt Richmond 
1778 | 0-2-0 | "  " | Col. Hathaway, Capt Snell 
Substitute 1778 (does not state for whom) | 0-3-0 | "  " |  Col Doggett, Capt Nicholls 
Substitute for Jonathan Harvey 1778 | 0-1-14 | "  " | Capt Phillips 
1779, board of a privateer | does not state | rank blank | Capt Freeman 
1780 board of a privateer & US ship of war | 4 Months | rank blank | Capt Nickinson
#

5. In what battles was he engaged? Near Butt's Hill also in a Sea fight 
6. Where did he reside when he entered the service? Freetown & Dighton & Briston Mass 
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses & traditionary evidence 
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
[Signed] Jno L Watson Examining Clerk.
21st Feby 1833

# 1778 he was on board of a privateer - Capt Walker - after cruizing [sic] 2 or 3 months was captured and that he was a prisoner and absent from home altogether more than two years
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Left & right split:
Mch. 21 1896.
Soldier pensioned to
F. B. Cole Esq. 
Chicago, Ill.

Center:
16,081
INVALID.
File No. 16,081
Theophilus Clark 
Mariner Rev War 
Act: June 7" 32 
Index:- Vol. 1, Page 71 
[Arrangement of 1870.]
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I Jonathan Hervey of Taunton in the County of Bristol Being of lawful age do testify depose and say that I was drafted as a Solger in the revolutionary war to go on to Rhoadisland under the Command of Capt Ichabod Leonard the year or time of service I do not recollect.  I hired Thofolus Clark of his father Thofolus Clark for my substitu[t]e and gave him Eighty dollars. I went down and delivered him up to the officer of the Company and they Excepted of him in in my room and I so other think it was in Sulivans Expidition sow called but not positive, on Rhoodisland was the Expidition and I never herd otherwise but whot he discharged the duty fathfully witness my hand
[Signed] Jonathan Harvey 

Plymouth SS. August the 4 AD 1832 
Personally Appeared Jonathan Hervey and made oath to the truth of the above decliration by him subscribed before me [Signed] Oliver Peirce, Justice of the peace 
Plymouth ss. May 18th 1838 I certify that Jonathan Harvey who subscribed the above affidavit is a credible person, his character for truth being good, & that full faith & credit should be given to the statement by him made by 
[Signed] Oliver Peirce Justice of the Peace
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[Misfiled - this is for a John Frisbie]
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Frisbie 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 amout of pension he is entitled? no (doubtful) 
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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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? yes 
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? yes 
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. doubtful 
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? answered 

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 poor 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 objection able. 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 paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being 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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We, Philip Hathaway a clergyman, residing in the town of Freetown and Elnathan P. Hathaway residing in the Town of Freetown hereby certify, that we are well acquainted with Theophilus Clark who has subscribed and sworn to the above declaration; that we believe him to be Sixty eight 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. 
[Signed] Philip Hatheway 
[Signed] Elnathan P. Hatheway 
Sworn to, and subscribed, the day and year aforesaid. 
H. Baylies, Judge of Probate  

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Philip Hatheway who has signed the preceding certificate, is a clergyman, resident in the town of Freetown and that Elnathan P. Hatheway who has also signed the same, is a resident in the Freetown and is a credible person, and that their statement is entitled to credit. 
[Signed] H. Baylies, Judge of Probate 

Bristol ss. 
I, Anselm Bassett, Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Theophilus Clark for a pension. 
In testimony whereof, I have hereunto set my hand and seal of the said Court, this thirtieth day of August in the year of our Lord one thousand eight hundred and thirty two 
[SEAL]
[Signed] Anselm Bassett
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Amendment of Theophilus Clarks declaration 

Commonwealth of Massachusetts} 
Bristol County } ss. May 18th 1833.

Then personally appeared before me, the undersigned a Justice of the Peace in and for said County of Bristol, Theophilus Clark (who is the same Theophilus Clark who made his declaration before the Hon. Hodijah Balylies Judge of the Court of Probate in and for said County, at a Court of Probate holden ^at Dighton in and for said County on the 30th day of August now last past) who being duly sworn, deposeth and saith, that by reason of old age, lapse of time 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 reccollection [sic] he served not less than the periods mentioned below and in the following grades, to wit, --
For Six months I served as a Private in a company of Infantry under Capt Richmond in the years 1777 & 1788 }  6 mo. 00 da.
For two months I served as a Private in a company of Infantry under Capt. Amos Snell in the year 1778 }  2 mo. 00 da. 
For three months I served as a Private in a company of Infantry under Capt James Nichols in the year 1778 } 3 mo. 00 da. 
For one and an half months I served as a Private in a company of Infantry under Capt Ichabod Leonard in the year 1778 } 1 mo. 15 da. 
For one month I served as a mariner on board of the Privateer called the Blacksnake of Newport R. I. Capt. Phillips, Master, in the year 1779 } 1 mo. 00 da.
For four months I served as a mariner on board of the U.S. Ship of War called the Trumbell of thirty guns, James Nickerson was her commander (in 1780) }  4 mo. 00 da.
For two months I served as a mariner on board of the Privateer called the Gen. Washington, James Walker commanded her (in 1781) } 2 mo. 00 da.
[=] mo. 19 15 da.
(over)
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amount of time brot over  Mo. 19 Days 15
For two months in 1781 I was a Prisoner of War on board of the Jersey prison ship (so called) near Brookline N. York } 2 mo. 00 da.
amount. mo. 21, 15 days 
Beside the foregoing mentioned periods and terms of service &c I was a prisoner (although a part of the time on board of a British Ship of War, being pressed) about Two years ^as I think and believe and at least, as I can safely swear Eighteen months, which will more particularly appear by a referance [sic] to the 7th & 8th pages of my declaration
And for all the aforementioned periods of service & periods whilst a prisioner [sic], or for so much of them as is proper, and consistent, with the laws ^of the United States, and ^the rules and regulations of the War Department I claim a pension 
[Signed] Theophilus Clark 
Sworn to and Subscribed before me on this 18th day of May AD. 1833.
Elnathan P. Hatheway, Just. of the Peace 

Commonwealth of Massachusetts
Bristol ss. 
[SEAL]  I James Sproat, Clerk of the Court of Common Pleas for said County of Bristol do hereby certify that Elnathan P. Hatheway Esqr. whose signature is affixed to the foregoing certificate is a Justice of the Peace in and for said County of Bristol and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty second day of May in the year of our Lord Eighteen hundred and thirty three.
[Signed] Jas. Sproat