Revolutionary War Pension and Bounty Land Warrant Application File S. 5017, Phineas Conant, Mass.
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SERVICE
Mass.         Conant,  Phineas    S. 5017

                                                   carded  

CONTENTS
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16666              
Massachusetts 
Phineas Conant
of Plymouth in the State of Mass
who was a Private in the company commanded
by Captain -----of the regt commanded
by Col Gary in the Mass
line for 9 months 10 Days
(illegible name)
----------------------------------------
Inscribed on the Roll of Mass
at the rate of 31 Dollars 11 Cents per annum
to commence on the 4th day of March, 1831.
--------------------
Certificate of Pension issued the 19th day of June 1833
and sent the Land Plymouth
-------------------------------
Arrears to the 4th of Mar 1833   $62.22
Semi-ant. allowance
 ending 4 Sept                             $15.55
                                                   -----------
                                                    $77.77


⎨ Revolutionary Claim, }
Act June 7, 1832.
by J H McBlain Clerk
Vol. 2. Page 12.
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Phineas Conant
20668
Page 4

No 80    Revolutionary Pensioners.
-----------------------
Commonwealth of Massachusetts

COUNTY OF PLYMOUTH, SS.
On this eighth
day of August 1832, personally appeared
in open Court, before the Court of Probate
Wilkes Wood Judge now sitting at Middleborough within
and for said County of Plymouth, Phineas Conant a resident of Bridgewater in said county of Plymouth, and Commonwealth
of Massachusetts 
 aged seventy three 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.

that in February 1776 he enlisted in the 
company under command
of Capt Elisha Mitchell, Col ( Illegible)
 Lt Hezekiah Hooper, Lt. Ames Ensign belonging to Col. Co(illegible) Regiment for two months, that he served that term of time & served that term of time at Roxbury
near Boston & was then dismissed, Isaac Wolben of said Bridgewater was with me in said company

that in the fall of 1776 he enlisted in Capt. Abram Washburn company in Col. Partridge Regiment for two months &
served that term of time at Newport R. I. DanielHoward Lt. Noah Whitman Ensign, Caleb Barrett then of Bridgewater, now of Middleborough, & Isaac Wilbur, were
with me at Newport
Page 5

that in the fall of 1777 he enlisted in Capt Joseph (illegible) 
company in (illegible) private expedition for one month & served that time at Tiverton R. I. Nathan Packard
1st Lt. Isaac Wilber & Levitt Thayer were with me

that in July 1780 he enlisted in Capt. Nathan Packard company in Col. Jacob, Regiment for three months & served that time at Butts Hill on Rhode Island Perez Waterman Ensign. Levitt Thayer was with me. Clapp was our Lt. Col

that in the Spring of 1781 he enlisted in Capt Abram Washburns
company for forty days, Benj Morris was Lt I served that time in said company at Butts Hill on the Island of Newport. Major Goodwin commanded the troops at that place.
(illegible) Mitchell of Bridgewater was with me at that place.
He was at Bridgewater aforesaid when he enlisted at several times after
that he was born in Bridgewater Jan 23
1759. & have always lived in said town, my birth is recorded in the town books of said town, never received a written discharge, & was a private during all said campaigns that he is known to the Inhabitants of Bridgewater and to Jane Wilber & Paul Hathaway - that he was a soldier the Revolution & served the full period of nine months & ten days as aforesaid
Phineas Conant
Sworn to and subscribed the day & year aforesaid
Attest Jacob H. Lord Register
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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.
the Court
a clergyman, residing in the
who has signed the preceding certificate, is a
also signed the
and that
in the
By the Court, Attest,
Jacob H. Lord Register
I, Jacob H. Land Register of the Court of Probate
do hereby certify that the foregoing contains the original proceedings of the said Court
in the matter of the application of Phineas Concert for a pension.
In testimony whereof, I have hereunto set my hand and seal of said office, this
Eighth day of August in the year of our Lord
one thousand eight hundred and thirty two.
Jacob H. Lord
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Phineas Canant
Mass
Paid 9 months 10 days
$31.11
MC
J H Lord
Plymouth Mass
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WAR DEPARTMENT.
Pension Office,
                                                         183
Sir:
        The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned.
The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew 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 Phineas Conant Plymouth Mass
-----------------------------------
service was
Period whom the
rendered.
Enlist 1776
1776
1780
1781
-------------------------
Duration of the
claimant's service.             Rank of the claimant
---
┃ 2 months                     priv
┃ 2 months                     priv 
1 month                           priv
3 months                          priv
1 month  10 days             priv
-------------------------------------
Names and Rank         Names and Rank 
of the Company           of the General
Officers under              and Field officers 
whom he served.
-----------------------------------------
Capts                                        Col 
┃ Michel                                 Carry 
┃ Washburn                           Partridge
     Keith                                   -----
     Parker                                  Jacobs
    Washburn                            Goodwin
------------------------------

Battles in which
the applicant was
engaged.
None
None
None
None
None

---------------------------------
Country through 
which he marched.
Roxbury,Mass
Rhode Island 
Tiverton RI
Butts hill
R. Island
--------------------------------------
Place of abode when he entered and age at present

73 years
-----------------------------------
Bridgewater Mass
-------------------------------
R. Island

---------------------------------------
Evidence by
 which the declaration
is supported

(illegible)
ary -
& Levisny
(illegible)

I am respectfully 
your obedient servant,
J.L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits 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 having by law a seal and Clerk is considered a Court of Record considered a Court of Record.


                       DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or, or District    }     ss
County of

On this day of
personally appeared (a) before
A.B. a resident (b) of              in the county of
and State, Territory or District
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 provion made by the act of Congress, passedJune 7th, 1832. That he enlisted in the Army of the United States in the year (d) 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 enered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of
  Sworn to and subscribed the day and year aforesaid.                                         A. B.
[And then will follow the certificate of the Court.}

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier and served as he states.

I                   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
& 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, 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 day 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. who has signed the preceding certificate is a clergyman, resident in the
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 Court 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 service 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 expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services. To a Soldier
6 .Did you ever receive a discharge from the service, and if so, by whom was it given
and what has become of it?
To an Officer.
Did you ever receive a commission, and if so, by whom was it signed, and what
has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
-------------------------------------
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he 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; must state, otherwise 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, 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 or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, & c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or 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 of office, the certificate of a Member of Congress, proving the official character and signature
the certifying officer, should accompany the
papers.

           Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which 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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 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.
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                                   5014
Rev War                  INVALID.
------------------------------------------
File No.   5017
Phineas Conant
Pri Rev War ┃
----------------------------
Act: June 7 1832
Index: -- Vol. M, Page 74
[Arrangement of 1870.]
Page 12

I, Nathan Mitchell of Bridgewater in the County of Plymouth & Commonwealth of Massachusetts of lawful age do testify & say that I am acquainted with Phineas Conant of the Town, County & Commonwealth aforesaid and
that he was a soldier in the Militia service of said Massachusetts in the forty
days campain in the State of Rhode island in Capt Abram Washburn Company
& was stationed at Butts hill, so called, on the Island of Newport & served
the time aforesaid, at the end of which he was together with others in said Company
regularly discharged of which company I was the orderly Sergt. the service
was performed in the Spring Seventeen hundred eighty one -
Nathan Mitchell
Plymouth  Aug. 7th 1832
Then the above Nathan Mitchell personally appeared and 
made oath to the truth of the above statement by him subscribed and I hereby
certify that the said Mitchell is considered a man of truth & veracity;
Before me -
Nathan Lazell Jr.    Just. of Peace
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I Isaac Wilbur, of Bridgewater in the County
of Symon the & State of Massachusetts testify and say that I am
well acquainted with Phineas Conant
of said Bridgewater
that said Conant
and myself enlisted as privates in Capt. Elisha
Mitchell Company in
Col. Gary Regiment & we
served as soldiers of the revolution in said company two months at Roxbury near Boston in 1776 and were doing duty together & were dismissed at same time & said Conant is now an applicant for a pension and living in said County
Isaac Wilbur

Commonwealth of Massachusetts
Plymouth County ss. Sept. 10, 1832
then personally appeared the above named
Isaac Wilbur & made oath to the truth of
the above deposition by him subscribed &
certify that said Wilbur is considered to be
a person of truth & veracity
Before me
Nathan Lazell       Justice of the Peace
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I Isaac Wilber of Bridgewater in the County of Plymouth & State of Massachusetts of lawful age to give evidence do testify & say that in the fall of 1776 Phinas Conant & myself enlisted in Capt Abram Washburns Company in Col. Partridges Regiment for two
months. I know that said Conant went in said
Company to Newport R. I. and served therein for said period of two months at said time
I also know that said Phineas Conant enlisted for one month in Capt Joseph Keiths Company in Spencer private expedition to Rhode Island. He served that time at Tiverton in said State. I was in said company & constantly saw said Conant on duty
Isaac Wilbur
Plymouth ss. Aug 8. 1832 Sworn to and subscribed in open
Probate Court the day & year aforesaid, it appearing to said Court that said Wilbur is a credible witness
Attest J. H. Lond Register of Probate

I Leavitt Thayer of West Bridgewater in the 
County of Plymouth of lawful age to give evidence do testify & say that in July 1780 I enlisted in Capt Nathan Packard's Company in Col. Jacobs Regiment for three months. I well know Phineas Conant of Bridgewater in said County now living.
He enlisted in said Company at said time,
served three months therein at Butts Hill in
Rhode Island and was discharged at the same
time with me
Leavitt Thayer
Plymouth Ss Aug 8. 1832 Sworn to and subscribed in Open Probate Court the day & year aforesaid, it appearing to said Court that said Thayer is a credible witness
Attest
Jacob H. Lond Register of Probate
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Commonwealth of Massachusetts
Plymouth ss. I Jacob H. Lond Register of Probate
for the County of Plymouth do hereby certify that Nathan Lazelle Esq is a Justice of the Peace for said County & that I believe his name subscribed to the within & annexed certificates to be true + genuine Signatures

In testimony whereof I have hereunto 
set my hand & the seal of the Probate
Court for said County this seventeenth
day of December A.D. 1832
Jacob H. Lond



(seal with ribbons)