Revolutionary War Pension and Bounty Land Warrant Application File S. 21,362, for Ephraim Macomber, Rhode Island
Page 1

(3-1776)

SERVICE
R.I.

Macomber, Ephraim

NUMBER
S 21,362

CONTENTS
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21.
Rhode Island
Ephraim Macomber
of Newport in the State of Rh. Island who was a private in the Comp. commanded by Captain Cook of the Regt. commanded by Col. Cook in the Rh. Island line for 17. m. 15 d.

Macomber

[illegible] Certificate issued 26 Sept 1838 and sent to Asa Gray Tiverton RI.
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Ephraim Macomber
24755
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Declaration of Ephraim Macomber
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DECLARATION.
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF RHODE ISLAND,
COUNTY OF Newport } ss,

On this first day of April 1833 personally appeared in open Court, before the Judges of Justices of the Court of Probate of the Town of Tiverton now sitting, Ephraim Macomber - a resident of Tiverton - in the County of Newport - and State of Rhode-Island, aged Eighty two - years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.

That he entered the service of the United States under the following named officers, and served as herein stated.

That is to say: He in the month of December 1776 belonged to the first Company of Militia then under the command of Captain Isaac Cook - of which company Philip Cory was Lieutenant and Philip Manchester was Ensign -

The enemy had taken possession of the neighbouring Island of Rhode Island - and also of the waters of Narragansett Bay - which before this time for nearly two years had been in possession of well remembered Sir James Wallace - It was soon found that the spirit which had been manifested by the infamous Wallace, was was in perfect unison with the acts of professions of the enemy who had now become masters of the large Island of Rhode Island, in the centre of the Bay, from which they could send in less than one hour a strong military force to any place on the opposite shores, that was not strongly protected by military guards - this power of annoyance and the great advantage of having the command of the water which enabled them to fall on any point they chose, without even an hours notice, soon taught our own people that the only means of safety were to be found in a constant military force to be kept at all points that were most assailable and so arranged, that in case of attacks they might concentrate their numbers and act in concert as far as was practicable.

In said month of December 1776 he was drafted from said Company of militia and marched under Capt. Cook to  Fogland ferry, which is a prominent place on the shore of Narragansett Bay, in the south part of said Town of Tiverton, for one month, and was stationed there to guard the shores from the incursions of
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the enemy = he served out his time and returned home, but he had not been at home but a month, before it came his time again to go - and from this time till the English left the Island of Rhode Island he was drafted from said company of Militia and ordered into the public service as much as one half of the time according to the best of his knowledge and belief after mature reflection -

Your Declarant cannot state the exact days in which he entered the service in these numerous and short periods of time, or when the periods expired, but he does well remember that they were for one month each, and for one half of the time - this opinion as to the amount of time he was in the public service, has not been recently formed, for it was, at the time we were in the service, understood that we were to serve each man on his own account for one half of the time - and some persons hired substitutes for themselves, on the understanding of the time that they were liable to serve - he therefore solemnly declares that he served in said Company of Militia for one half of the time from the month of December 1776 to November 1779, and during sd. time that he was in the public, he was engaged in the [guard?] service on the western shore of Tiverton at divers places from Fogland Ferry Northward to Howlands ferry - in said [service] he was generally under the officers of his own Company - he has served repeatedly under Capt Cook - and Lt. Cory and Ensign Manchester, but oftener under Capt. Cook than Either of the others - the Company was attached to Col Cooks Regiment, but whether Col. Cook or General Cornell who commanded the state troops, who was usually at Howlands ferry, had the command of the militia in the public service, he is unable to say -

And said Macomber avers that he faithfully performed the aforementioned services in the militia in the Revolutionary War making in all Seventeen and an half months, and received pay for the same.
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State of Rhode Island & Providence Plantations
Town Clerk's Office, at Tiverton in the County of Newport and State aforesaid - this first day of April 1833 - 

I hereby certify that Ephraim Macomber (an applicant for a Pension under the late Act of Congress) was born on the 5th day of March 1749/1750 as appears of record in this office

Asa Gray Clerk
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And he further declares that he was born in said Town of Tiverton on the 5th day of March (old style) 1750 and that he hath a record of his age - that he resided in sd. Tiverton when called into the aforesaid services, where he hath ever resided since the revolutionary war and still doth live - that he never received any written discharge from sd. services but was verbally discharged by his officers - that he has no documentary Evidence of said services. there is no Clergyman living in his vicinity or Neighbourhood - he therefore refers to George Lawton and Borden Brayton Esqrs. who are his neighbors and citizens of said Town of Tiverton, who testify to his character for veracity and to their belief that he was a soldier of the Revolution. And also to the annexed dispositions -

All the aforementioned services performed as a private soldier

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.

Sworn to and subscribed, the day and year aforesaid.
Asa Gray Clerk
Ephraim Macomber

We, George Lawton Esqr residing in the Town of Tiverton aforesaid and Bordin Brayton Gent. residing in (the same) hereby certify, that we are well acquainted with Ephraim Macomber who has subscribed and sworn to the above declaration; that we believe him to be Eighty three 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 to and subscribed the day aforesaid.
Asa Gray Clerk
George Lawton
Bordin Brayton

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatries 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 George Lawton Esqr who has signed the preceding certificate is a ... resident in the Town of Tiverton aforesaid and that Bordin Brayton Gent. who has also signed the same is a resident in the same Tiverton and credible persons and that their statement is entitled to credit. & said Court further certifies that the deposition of George Bailey hereto annexed was sworn to and subscribed this day before this Court, and that said Deponent is a credible person, and his statement is entitled to credit.

I Asa Gray Clerk Clerk of the Court of Probate of the Town of Tiverton in the County & State aforesaid, a Court of Record do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Ephraim Macomber for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this first day of April in the year of our Lord one thousand Eight hundred and thirty three, And of American Independence the fifty seventh

Asa Gray Clerk of Court & of Probate
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24755
Ephraim Macomber
Rhode island

Private 17 Months & 15 days

[illegible]

56.60
160
58.55
2
116.60
29.16
145.83

John Cross
Portsmouth RI
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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, shewing the Service of Ephraim Macomber 
Tiverton County of Newport State of Rhode Island
[column headings] Period when the service was rendered. Duration of the claimant's service. Years. Months. Days. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of above when he entered the service. Proof by which the declaration is supported.

[row 1] draf Entd. 1776. ". 1. ". prit. Capt Cook. 82 years Tiverton. Living witnesses who state the same service. & all credible [illegible] from Decr 1776 to Nov 1779. half the time

[row 2] draf 1776 time not given. Capt Cook Col Cook.

I am, respectfully, Your obedient servant,
J. L. Edwards, Commissioner of Pensions.

The declarant says that his services commenced Decr 1776 and continued to Nov 1779, and served half that time in all 17 1/2 months
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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, mucicians 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.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of County of } ss.
On this day of personally appeared (a) before
A. B. a resident (b) of of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. 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 day of & c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia. except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who was subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. 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 the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of & c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected . 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. 6.{ To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? {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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under 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 [the rest of the line is illegible due to fold] 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 be low the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule [c] The age of the claimant must invariably be mentioned. [d] The declarant must mention the period or periods of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: “Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposes 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." 
[this paragraph is bracketed and pointed out in the left margin] It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, in 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 here 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, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating 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 in 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 in the interrogatories must all be written, and sent to the War Department, with the declaration.
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Rev. and 1812 Wars Section.

Aug

August 21, 1928.

Roger T. Balloch
New Bedford, Box 356
Mass.

Sir:

I advise you from the papers in the Revolutionary War pension claim, S. 21362, it appears that Ephraim Macomber was born March 5, 1749 or 1750 (old style) at Tiverton, Newport County, Rhode Island.

While residing at said Tiverton, he enlisted in December 1776 and served as a private in monthly tours of every other month in Captain Isaac Cook's Company, Colonel John Cook's Regiment in the Rhode Island Militia and served until in the fall of 1779, amounting in all to seventeen months and 15 days.

He was allowed pension on his application executed April 1, 1833, at which time he was living in Tiverton, Rhode Island.

There are no data to as family.

Respectfully,
WINFIELD SCOTT
Commissioner.
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Oct. 4, 1927.

Pension Bureau.
Washington, D. C.

Dear Sirs;-

Would you kindly send me the service record of Ephraim Macomber (a soldier of the Revolution) and who served in the Rhode Island Militia enlisting in Newport County. This Macumber or Macomber was born March 5, 1749 and died in July 1839.

I wished the above record for the S. A. R. and surely appreciate your favor.

Very truly,
Roger T. Balloch
P. O. Box 356
New Bedford, Mass.

[stamp]
U.S. PENSION OFFICE
OCT 6 1927
Page 15

21362
Revolution INVALID.

File No. 21,362
Ephraim Macomber
Pri. Rev War

Act: June 7" 32"
Index:-Vol. 2, Page 252

[Arrangement of 1870.]

Mch 9-1901
RD Harnion
Manchest N.H.

1928. Aug. 21. Hist. to Roger T. Balloch aug
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21362
Ephraim Macomber

Apl 1. 1833. 83
Tiverton R.I.

Dec 76 - Tiverton R.I.
Capt Isaac Cook
Col Jno Cook.
to Nov. 79 - 1/2 the time
1743 M. [illegible]

Born Tiverton R.I
Mch 5. (OS) 1750
Page 17

Tiverton September 18, 1838

Sir,
herewith is the affidavit of Ephraim Macomber setting forth the loss of his Pension certificate; and the certificate of Ichabod Simmons to his identity - upon the issuing of a new certificate you will please to enclose the same to me

Very Respectfully yours &c
Asa Gray

J. L. Edwards
Commissioner of Pensions
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State of Rhode Island
County of Newport } ss.

On this fifteenth day of September 1838 before me the Subscriber a Justice of the Peace for the said County of Newport personally appeared Ephraim Macomber of Tiverton, in said County, who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Isaac Cook in the regiment of Militia commanded by Colonel John Cook, in the service of the United States; that his name was placed on the Pension roll of the State of Rhode Island. that he received a Certificate of that fact under the seal and signature of the Secretary of War, which certificate on or about the fourteenth day of March 1838 at the City of Providence he lost - that he received his payment at the Pension office. that he went directly from said office to a Mr. Cooley's in said Providence where he had a bill to pay, and that he then found that his certificate and money was all gone, from the time of receiving his money, till he missed it and his certificate, he thinks was not an half hour; he had it cried about the Streets, and made diligent search but has heard nothing from either the money or certificate

Sworn and subscribed to before me, the day & year aforesaid }
Before me,
Asa Gray Justice of the Peace

Ephraim Macomber
x his mark
Signed in my presence
Ann M Wilbour

I Ichabod Simmons of Tiverton in the County of Newport and State of Rhode Island, on my oath do certify and say, that I am well acquainted with Ephraim Macomber of Tiverton, he lives within one fourth of a mile of my residence, and I well know him to be the same person described in the above affidavit and that he is a pensioner under the Act of Congress passed June 7, 1832 - And I further certify that I heard of the circumstance of his losing his certificate and money, at or about the time it took place.
Ichabod Simmons

State of Rhode Island
County of Newport ss. Be it known that on the 15th day of September 1838 before the Subscriber a Justice of the Peace in & for sd. County personally appeared Ichabod Simmons and subscribed and was sworn to the truth of his above affidavit, and I further certify that sd. Simmons is a credible person.
Asa Gray Justice Peace
Page 19

State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate for the town of Tiverton in the County of Newport and State aforesaid

I Asa Gray Clerk of aforesaid Court of Probate a Court of Record do hereby certify, that Asa Gray is a Justice of the Peace within and for said County of Newport, residing in said Tiverton, duly commissioned and sworn and fully authorized to act in his said capacity

And I further certify that the Signature of his name to the within affidavits are his genuine signatures.

In testimony whereof I have hereunto set my hand and affixed the seal of said Court this Eighteenth day of September in the year One thousand eight hundred and thirty eight

Asa Gray Prob. Clerk
Page 20

State of Rhode Island
County of Newport } sc.

Personally appeared before me, the undersigned a justice of the peace, within and for the Count of Newport, Ephraim Macomber, an applicant for a pension, 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 periods of the war mentioned, in the following grades namely - in Capt. Cooks company of Militia, it being the [illegible] lower company of Tiverton. In the Month of December 1776 as a private one Month - In the same company, In the months of February, April, June, August and October of the year 1777 in October of this year he was detained, over his time, of a month, because of Spencers Expedition, in each of the above mentioned periods one month each as a private - In November 1779 one month in the same Company In Jany, March, May, July, September and November of the year 1778 - In different tours, at least of one month each as a private, in the same Company of Capt Cook. In the same Company in February, April, June, August & October in the year 1779 from different tours of one month each and the last for 15 days - making in all seventeen months and fifteen days service for which he claims a pension = In these tours of duty, he was oftener at fogland ferry than at any other post on the shore - he was also quartered at the house of Joseph Almy, and Gideon Almy and at Sarah Palmer's on said shore and at the guard post on Sepowett [Sapowett] Neck - and under the officers of said 3d Company as mentioned in his declaration.

And he further declares that during all of the aforementioned time he was in actual military service, and was not engaged in any civil pursuits - And that sd. militia company was ordered into the public service by the state of Rhode Island.-

Sworn to and subscribed this 3rd day of August AD 1833 at Tiverton in said County of Newport

Ephraim Macomber

Abner Simmons Justice Peace
Page 21

State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate for the Town of Tiverton in the County of Newport and State aforesaid

I Asa Gray Clerk of aforesaid Court of Probate do hereby certify that Abner Simmons whose signature if affixed to the within Deposition is a Justice of the Peace within and for said County of Newport, duly commissioned under the Seal of this State, engaged therein according to Law, and fully qualified to act in his said capacity. And I further certify that the within Signature of his name is his genuine signatures.

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at said Tiverton this third day of August in the year of our Lord one thousand eight hundred and thirty three - and of American Independence the fifty eights

Asa Gray, Clerk
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I George Bailey of Tiverton in the County of Newport and State of Rhode Island, aged Seventy five years, on solemn oath depose and say, that during the war of the Revolution and since I have been well acquainted with Ephraim Macomber of Tiverton aforesaid, an applicant for a pension under the late act of Congress.~ that in the year 1776, before the British took possession of Rhode-Island, I removed from said Island, and across the river to Tiverton, and was there immediately enrolled in the lower Company of Militia in said Tiverton, of which Isaac Cook was Captain ~ Philip Cory Lieu. and Philip Manchester Ensign, that said Company, during the whole time the British held possession of said Island, was divided into two classes, for service; that when the first class or half had served one month, the other class or half took its place and served one month, and so on; one half of said Company being continually on duty, on the shores of sd. Tiverton opposite to Rhode-Island; myself and the said Macomber belonged to the same Class, viz the first class in said Company, and were together at many different times while the enemy half R. Island; quartered in houses near Fogland Ferry in sd. Town, and employed in guarding the shores, to prevent the excursions of the enemy laying in full view on the opposite side of the River

Sworn and subscribed this first day of April 1833, before the Court of Probate of the Town of Tiverton now sitting ~
Asa Gray Clerk

George Bailey
x his mark
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I, Enos Peckham of Newport in the County of Newport & State of Rhode Island, & of ["lawful age" crossed out] the age of Ninety Nine years do solemnly swear That I resided in the Town of Tiverton in the State of Rhode Island during the revolutionary war, and was acquainted with Ephraim Macomber and lived in the same home with him and both belonged to the first Company of Militia of said Tiverton, that said Company was drafted to serve in two divisions viz one half of said Company for one Month, and the other half for the next Month and so on - the half which I belonged to was on duty while the other half was off and the other said of said Company to which said Ephraim Macomber belonged to relieve us and went on duty when we were off, the time of commencing this duty was in the Month of December 1776, and continued as above stated until the later part of the year 1779. we were on duty as above watching the shores in Tiverton and was attached to the regiment of Col John Cook, during a greater part of which time the British had possession of ["Rhode" crossed out] the Island of Rhode Island-

Enos Peckham
x his mark

State of Rhode Island &c
Newport Sc Newport Sept 14, 1832 Then personally appeared before me the above Named Enos Peckham and the preceding statement being reduced to writing in his presence and read to him, made oath to the truth of the same, and subscribed the same in My presence, the said Enos Peckham is of lawful age being Ninety Nine year of age and is a person whose statements is entitled to full credit and belief.

Benj B Howland Justice of Peace
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State of Rhode Island & Providence Plantations
Clerks Office Court of Common Pleas for the County of Newport
14th September 1832. I certify that Benjamin B Howland Eqr whose signature, in his own proper hand writing, is affixed to the within attestations is a Justice of the Peace for said Newport, duly commissioned under the said of said State, and otherwise qualified as such.

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court the day and year above written.

HY Cranston Clk
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I Thomas Willcox of Tiverton in the County of Newport and State of RhodeIsland aged Seventy four years, do testify and Say that I am well aquainted with Ephraim Macomber of Said Tiverton's County and State aforesaid, and have been for fifty five years Since in the time of the Revolutionary war we were both enrolled in the Militia in the Company Commanded by Capt. Isaac Cook and frequent Draft were made from said Company to gaurd the Tiverton Shores on the Eastern borders of the Narragansett bay, While the British had possession of the Island of RhodeIsland - Same time while the British had possession of said Island, in what year I do not recollect I was on duty with Said Macomber gaurding Said Tiverton Shores the greatest part of one winter and Some of the Spring the Exact time we Served together I cannot now recollect and further saith not.

Thomas Willcox

State of Rhode Island
County of Newport } Sc
Be it known that on the 20th Day of March AD 1833, Before the Subscriber a Justice of the Peace in and for Said County, personally appeared the above named Thomas Willcox and made Solemn to the Truth of the above Deposition by him Subscribed, And I do hereby Certify that the Deponent is a Credible Person.

Abner Simmons Justice Peace
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State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate for the Town of Tiverton in the County of Newport and State aforesaid -

I Asa Gray Clerk of said Court do hereby certify that Abner Simmons whose signature is affixed to the within Deposition, is one of the Justices of the Peace for the Town of Tiverton & said County of Newport, duly commissioned under the seal of said State, and fully qualified to act in his said capacity. And i further certify that the signature of his name to the within Deposition is his own proper hand writing - In testimony whereof I have hereunto set my hand and affixed the seal of said Court this first day of April in the year of our Lord one thousand eight hundred & thirty three
Asa Gray Clerk of Court of Probate