Revolutionary War Pension and Bounty Land Warrant Application File W. 21033, Lemuel Eaton, Mass.
Page 1

(3-1776)
SERVICE
Mass.

Eaton, Lemuel 
[Eaton] Sarah

NUMBER
W21033
   
CONTENTS
Page 2


21.501
New Hampshire
Lemuel Eaton
of Hancock in the State of New Hamp. who was a private in the [Comp.] commanded by Captain Vose of the Regt. commanded by Col. Wheelock in the N. Hamps. line for 6 m. 9 d.

Inscribed on the Roll of New Hamp. at the rate of 21 Dollars - Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of Sep. 1833 and [Ditto] [S.] [Prom] [Francestown]

Arrears to the 4th Sep. '33 $51.50
Semi-anl. allowance eding in '36 $10.50
$62.00
{Revolutionary Claim Act, June 7, 1832}

Recorded by [LC] Stiles, Clerk, Book E. Vol 1. Page 8[3].
Page 3

Concord 6823
New Hampshire
Sarah Eaton
A.H.
widow of Lemuel Eaton,
who was a Private,
in the N.H. Line
Inscribed on the Roll at the rate of 
21 Dollars
Cents per annum, to commence on the 
4th[crossed out] 11th day of 
March[crossed out] Octo. 1843.
Certificate of Pension issued the 
24 day of April 
and sent to 
Luke Woodbury,
Antrim,
NH
Act of March 3, 1843.
June 17, 1844
Recorded in Book  a
Vol. 2 Page 3
Page 4

No. 1[8]3
Lemuel Eaton
18682
Page 5

STATE OF NEW HAMPSHIRE.
Hillsborough, ss. At a Court of Probate holden at Francestown within and for said County, on the third day of October Anno Domine, 1832, Before EDMUND PARKER, Esq. Judge of Probate. Personally appears in open Court, before the said Court now in session Lemuel Eaton a resident in the town of Hancock in said county, aged 74 years,
Who being 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 7th, 1832. That he entered into the service of the United States, under the following named officers, and served as herein stated. That is to say,
In year 1775 he was a soldier in the company of militia in the town of Needham in the state of Massachusetts commanded by Capt. McIntosh untill he was appointed Colonel, and afterwards by Capt. Smith.

On the 20th of April of that year the company was called out & he went with the company to Roxbury & served eighteen or twenty days

On the day of the Battle of Bunker Hill the company was called out again & he went with the company to Cambridge & served at that place & in the vicinity for about one week

About the first of March 1776 the same company was called out again & he being a member of the company went with it to Roxbury and served therein till the day after the British left Boston. He arrived at Roxbury the day preceding the night on which the Americans took possession of and fortified Dorchester Heights

In June or July 1776 he enlisted for five months and went to Ticonderoga and served his time out in Capt. Vose's company in Col. Wheelock's regiment. The other officers of the company were  Lieut Bullard Lieut Richards and Ensign Pettee. The commander at that part [point] was Gen Gates. He was stationed there during this whole service.

Afterward, but what year he cannot state, he thinks it was toward the close of the war then was called for to serve one fortnight and he turned out & went and served — that term of time in a company commanded by Capt Robert Smith and was stationed at Roxbury & worked part of the time on the fortification at the Castle & at Roxbury

He was born at Needham, Massachusetts February 26, 1758. He has no record of his age when called in to the service he lived in Needham, Massachusetts. Since the Revolutionary War he has lived most of the time, to wit more than forty year past in Hancock N.H. where he now lives. He received no written discharge from the service. Samuel Gates & Joshua Whitcomb of Hancock are persons to whom he is known in his present neighborhood who can certify as to his character for veracity & their belief of his service as a solder of the revolution
Page 6

He relinquishes every claim, whatever, to a pension or annuity, except the present, and declares that his name is on on the pension roll of any agency of any State
Lemuel Eaton
Sworn and subscribed the day and year aforesaid
Edmund Parker, Judge of Probate

We, Archibald Burgess, a Clergyman residing in the town of Hancock in the county of Hillsborough aforesaid, and Thatcher Bradford residing in Hancock aforesaid, hereby certify that we are well acquainted with Lemuel Eaton who has subscribed and sworn to the above, and that we believe him to be 74 years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier in the Revolution, and that we concur in that opinion
Archibald Burgess
Thatcher Bradford

Sworn and subscribed the day and year aforesaid, 
Edmund Parker, Judge of Probate

And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 certifices that it appears to them that Archibald Burgess, who has signed the preceding Certificates is a Clergyman residing in the town of Hancock and that Thatcher Bradford Esq. who has signed the same, is a resident in the town of Hancock and is a credible person, and that their statement is entitled to credit. 
Edmund Parker {Judge of Probate County of Hillsborough

I CHARLES H. ATHERTON, Register and Clerk 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 Lemuel Eaton for a pension.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of the court of Probate for said county, at Amherst in said county, this tenth day of October in the year of our Lord one thousand eight hundred and thirty two.
[CH Atherton signature] Register and Clerk of Probate, for said county of Hillsborough.
Page 7

STATE OF NEW HAMPSHIRE
County of Hillsborough, SS.
At the Court aforesaid, On the application aforesaid, the following interrogatories were [propo] said Lemuel Eaton and the following answer given, on oath, to wit:

1. Where, and in what year were you born?
Answer, at Needham Massachusetts, Feb 26, 1758

2. Have you any record of your age, and where is it?
Answer, I have no record

3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? Answer, When called into the service I lived in Needham. Since the war I have lived most of the time, to wit, more than forty year past in Hancock NH, where I 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? Answer, I can state nothing further than is contained in my foregoing declaration

5. State the names of some of the regular Officers, who were with the throops where you served, such Continental and Militia Regiments, as you can recollect, and the genteral circumstances of your service?
Answerm I believe all the particular [--] my recollection are stated in my foregoing declaration

6. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? Answer, I received no written discharge

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?
Answer Samuel Gates and John Whitcomb 
Esquires of Hancock

Attest,
C.H. Atherton Register and Clerk.
Page 8

Sarah Eaton
N.H.
[act] 7 July 38
m 92. d. 11 Oct. 43
Rejected
"7137"
act 3 March 43 
"514"
& 17 June '44 
admd.
6 mo 9d [--]
$21. from 11th
[aeb] the day of husband's death

Luke Woodbury
Antrim N.H.

11712
Sarah Eaton

Please divert any communications in relation to the [includant] to Luke Woodbury of Antrim N. Hampshire

The original [certificate] of Lemuel Eaton will be [--] after March 4, 1845

Rd Feb 13, 1845.
Page 9

State of New Hampshire.
Hillsborough County Ss. On this seventeeth day of September A.D 1844, personally appeared  before me Luke Woodbury, Judge of the Court of Probate & Wills for the County of Hillsborough aforesaid at her dwelling house in Hancock in said County Sarah Eaton a resident of Hancock aforesaid aged seventy seven years, who being first sworn, according to law, doth, on her oath, make the following declaration in order to attain the benefit of the provisions of the Act of Congress passed July 7, 1838 entitled an act preventing half pay and provisions to certain widows. The act of March 3,1843 and the provisions of the act of April 30, 1844 and June 17, 1844. That she is the widow of Lemuel Eaton who was a Private in the army of the Revolution and served as she believed as stated in his declaration for the purpose of procuring a pension under the act of June 7th, 1832, to which and the evdence filed therewith, she refers for proof of his service that he drew a pension under said act, and that she believes that under the act above referred that she is entitled to a pension from the time of his decease

She further declares that she was married to the said Lemuel Eaton on the sixteenth day of February in the year seventeen hundred and ninety two, that her husband the aforesaid Lemuel Eaton died on the eleventh day of October A.D. 1843 that she was not married to him prior to his leaving the service but
Page 10

the marriage took place previous to the first day of January, seventeen hundred and ninety four viz. at the time above stated and that she is still a widow. 
Attest Eunice Eaton
Sarah x her mark Eaton    

Sworn to and subscribed on this day and year [aforesaid] written before me
Luke Woodbury, Judge as aforesaid   

I hereby certify that the cause of executing the foregoing declaration out of Court is, that the declaration is, in my belief, unable to attent court in consequence of her bodily infirmities without [affecting] her health.
Luke Woodbury  Judge as aforesaid
Page 11

State of New Hampshire
Hillsborough County } [Set.?]
I Perley Dodge Clerk of the Superior Court of Judicative of the County and State aforesaid, do hereby certify that Luke Woodbury is Judge of the Court of Probate of Wills & for the County of Hillsborough aforesaid, duly commissioned and qualified. That his commission was dated on the first day of January 1836. And agreeably to the provisions of the Constitutions  of this State has a series of years yet to [run]: that said Court is a Court of record having unlimited jurisdiction in the matters of settling estates and has a Register to record its proceedings. And I further certify that to my personal knowledge the signatories of the said Luke Woodbury above written and genuine.
Given under my hand and the seal of said County this 16th day of October 1844
Perley Dodge Clerk
Page 12

12 1/2
West Needham Ma
Dec 6
Mr. Lemuel Eaton
Hancock N.H. [posthouse?]
Page 13

Extract from Needham Town record.

February Sixteenth one thousand seven hundred and ninety two Mr Lemuel Eaton was Married to Miss Sarah Ward both of Needham.

by one
William Fuller Justice Peace

I certify that the above is a true copy of record on the Book of records of the town of Needham, Norfolk County, Massachusetts, with the exception of the date which is expressed in the record in fair legable figures and letters as follows February 16:1792
Asa Kingsbury} Clerk of the town of Needham aforesaid

I Asa Kingsbury above named depose and say that I hold the office of town clerk of the Town, County and State aforesaid and that the above is a true extract from records of said town of Needham, with the exception as certified by me.
Asa Kingsbury } Clerk of said Town of Needham

Commonwealth of Massachusetts
County of Norfolk S.S. Needham December 4, 1844 then Personally appeared, Asa Kingsbury, Town Clerk, and made Oath that above certificate by him subscribed is true.
Before me  William Flagg} Justice of the Peace
Page 14

Commonwealth of Massachusetts.

Secretary's Office, Bsoston, December 2[--], 1844

I hereby Certify, That on the eighth day of March eighteen hundred and forty four, William Flagg of Needham was appointed Justice of the Peace for the term of seven years for the County of Norfolk.

in the said Commonwealth, duly constituted and commisioned, and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court. 

[Seal] In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.

John G. Palfrey
Secretary of the Commonwealth.
Page 15

1868[3?]
Lemuel Eaton
Private 6 mo 9 days
5.1t of Apl 22 1833

[--]
Titus Brown Esq
Francestown
NH
Page 16

BRIEF in the case of Lemuel Eaton
of Hancock in the State of 
(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? 74 years
4. State his service, as directed in the form annexed. 
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
Years, Months, Days. | As | Gen.
In 1775 | 18 [under Days.] [illegible crossed out number] | Private
July 1776 | 5 [Months] 7 [Days] | Gen [illegible]
year not [illegible] | 14 [Days] | Gen Smith
6 [Months] 9 [Days]
5. In what battles was he engaged? none
6. Where did he reside when he entered the service? [illegible]
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? [illegible] witness
8. Are the papers defective as to form or authentication? and if so, in what respect? [illegible]
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cutts
Examining Clerk.
Page 17

Sarah Eaton New Hampshire widow of Lemuel Eaton who was a pensioner was married 1792. Husband died 11th Oct 1843. Eunice Eaton testifes that Lemuel Eaton d. Oct. 11 1843
Certif. of town clerk of the marriage [--] took place Febr. 16, 1792.
Page 18

Edgewood, Iowa. Dec, 2nd, 1913.
U.S. Commissioner of Pensions.
Washington D.C.
Am writing in regard to one Lemuel Eaton a Revolutionary Soldier, Born 1758. and Died 1843.
Was present when Washington took command of the army of Cambridge.
Was disabled from doing Military duty in the later years of the War by the bursting of a gun which tore off his left thumb.
Was he a Pensioner? 
Please give his History as a Military Soldier.
Wish to get a complete history with a desire to join the Daughters of the American Revolution.
Mrs W. D. Davis.
Edgewood, Iowa.
Page 19

1913 Dec 12. Hist [] Mrs. W.D. Davis. [V. Lall?]

Rev
WIDOW, &c.
File No. 21.033
Sarah Eaton
Wid of
Lemuel Eaton
in Rev. war
Act March 3d/43 June 17th/44
Index: Vol A, Page 207
[Arrangement of 1870.]
Page 20

18682
Lemuel Eaton

Titus Brown Esq
Francestown
NH
Page 21

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Lemuel Eaton which require further proof or explanation.
I. Does the declaration show where the applicant resides? [illegible]
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? no
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no [written in big bold letters]
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June7, 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
Page 22

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? [illegible]
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? [illegible]
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? [illegible]
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no [written in big bold letters]
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? 
XVI. Are the papers authenticated as the regulations direct? [illegible]
SVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so 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 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 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.
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 into 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 many 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 the 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.
Page 24

I Eunice Eaton depose and say that I was well acquainted with Lemuel Eaton late of Hancock deceased. That said Lemuel drew a pension under the Act of June 7, 1832 I think it was this act since Lemuel Eaton died at Hancock in the County of Hillsborough in the State of New Hampshire on the Eleventh day of October 1843 and left a widow named Sarah who is still living and unmarried
Eunice Eaton

State of New Hampshire
Hillsborough County [J?] Sept 17, 1844 There the above named Eunice Eaton, who is, in my belief, a credible witness, personally expressed and made oath to the truth of the foregoing affidavit by her subscribed before me.
Luke Woodbury, Justice  of the Peace

I Elvira A. Osgood depose and say that I was acquainted with Lemuel Eaton above named in the affidavit of Eunice Eaton and know that he died on the Eleventh day of October 1843 and left a widow named Sarah who is still living and unmarried — Elvira A. Osgood

State of New Hampshire 
Hillsborough County [J?] Sept 17, 1844 there the above named Elvira A. Osgood who is, in my belief, a credible witness, personally appeared and made oath to the truth of the foregoing affidavit by her subscribed before me.
Luke Woodbury, Justice  of the Peace
Page 25

State of New Hampshire }     [seb.?]
Hillsborough County }

I Perley Dodge Clerk of the Superior of Judication of the County and State aforesaid, do hereby certify that Luke Woodbury is an acting Justice of the Peace in and for said County duly commissioned and qualified; that his commission was dated on the 20th day of May 1844 and will expire on the 19th day of May 1849 and that his signatures above written are genuine.
Given under my hand and the seal of said County this 16th day of October 1844
Perley Dodge Clerk
Page 26

State of New Hampshire
Hillsborough County Ss.

On the sixth day of June 1833 personally appeared before me Titus Brown a Justice of the Peace  within and for said county Lemuel Eaton of Hancock in said county who having duly sworn deposeth that he is the same Lemuel Eaton who on this day of October last [sat?] before Edmund Parker Esq., Judge of Probate for said county made his declaration in order to obtain the benefit of the act of Congress passed June 1832; that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his services but avowing as to the best of his recollection and belief he served as a private soldier as follows — at the time first mentioned in his said declaration not less than eighteen days — at the time secondly mentioned in said declaration no less than one week — at the time thirdly mentioned in said declaration not less than fourteen days, — and at the other time in said declaration mentioned the terms of time therein stated — and the said Eaton further with that he knows of no person living [crossed out] except Moses Eaton by whom he can prove any of the above metioned services — and that owing to the loss of his memory he cannot state the period of the war where nor the officers under whom he served with more particularity than he has done in his said declaration except that in the service secondly and thirdly in said declaration mentioned his company officers were the same as in his first service therein mentioned.
Lemuel Eaton
Sword and subscribed the 5th day of June 11833
Before me
Titus Brown Justice of the Peace
Page 27

I Moses Eaton of Dublin in the County of Cheshire and State of New Hampshire aged 79 years, being sworn testify and say, that in the year 1775 I resided in the town of Needham in the County of Norfolk in the State of Massachusetts, that in the aforesaid year the Militia Company to which [--] my brother Lemuel Eaton belonged in said (Needham) was called to Lexington, and that the said Lemuel Eaton was in the United States' service in [said Lexington/crossed out] [--] and [--] eighteen or thirty days.

I also say that the said Lemuel Eaton marched from Needham aforesaid in the year aforesaid to Bunker Hill, that he was in the service of the United States at Cambridge and [--] about one week, also there that the said Lemuel [gained] the [service] at Roxbury in Capt Robert Smith's Company, and served as soldier in said Company two weeks. I also say that in the year 1776, the said Lemuel Eaton, myself and about twenty others from the said town of Needham, enlisted to serve in this United States army for five months, that we served our time and were then dismissed

that the said Lemuel Eaton myself and others who enlisted with us, marched to Ticonderoga in the State of New York, where we continued the term of five months [unreadable insertion] aforesaid
Moses Eaton

State of New Hampshire
Hillsborough Ss. September 28 1832 personally came Moses Eaton the above deponent and made oath in [defense of cause] that the affidavit by him subscribed is true.
Thatcher Bradford Justice of the Peace

I certify that I am acquainted with Moses Eaton the above deponent [--] his character for truth and veracity is good.
Thatcher Bradford Justice of the Peace
Page 28

I Andrew Wallace Clerk of the Superior Court of Judicature for the County of Hillsborough in the State of New Hampshire, certify that Thatcher Bradford and Titus Brown within mentioned are Justices of the Peace for said County as aforesaid, and that I have no doubt but that the foregoing signatures, purporting to be theirs, are genuine.

In testimony whereof, I have hereunto affixed my seal of office and subscribed my name this twenty second day of June in the year of our Lord 1833
A. Wallace Clerk