Revolutionary War Pension and Bounty Land Warrant Application File S. 21,758, George Foster, R.I.
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Service|      | Number
R.I.| Foster, George| S. 21758
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W. 906
Rhode Island
George Foster
of Westerly in the State of Rhode Island 
who was a private in the Comp commanded
by Captain Pendleton of the Regt. commanded
by Col. Moyes in the Rh. Island
line for 2 years

Inscribed on the Roll of Rhode Island
at the rate of 80 Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18 day of Nov. 1833 and sent to R. Babcock Jr. 
Westerly

Arrears to the 4th of Sep. '36 | $200
Semi-anl. allowance ending 4M: 34| $40
   |  $240
Revolutionary Claim,
Agt June 1, 1832
Recorded by Go. Coltiled Clerk
Book 2, Vol. 2, Page 109

Pet. Per Apl. 11, 1838
and R. Babcock Jr. same day
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15.7/0
George Foster
R.I.
Return i
Private 2 years
And
Rowse Babcock Jr. 
Westerly
R.I.
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WAR DEPARTMENT,
Pension Office,
8th Nov. 1833.
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 George Foster
Period when service was rendered. 1775
Duration of the claimant's service. Years. 5 Months 6. Days. 
Rank of the claimant. Priv.
Names and rank of the Field officers under whom he served. Cap. Pendleton. Col. Mays.
Aged at present, and place of abode when he entered the service. 82 years. Westerly R.I.
Proof by which the declaration is supported. Saving witness to a part of the time.
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 temrs "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. 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, m usicians 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 las a seal and Clerk is considered a Court of Record. 
DECLARATION, In order to obtain the benefit of the Act of Congress of the 7the of June, 1832. 
State, Territory, or District of County of SS.
On this day of personally appeared (a) beforer A.B. a residend of (b) 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 benefir 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 int (e) regiment of the line, under the following named officer: [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 relinquished 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   , A.B.
Sworn to 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 (g) that the above named applicant was a revolutionary soldier, and served as he states.
I            of the Court               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 testiimony 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 succh 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 of 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 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 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,    the 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 usefl 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 expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, on 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 givern, 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 repurted 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by rerason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge of 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, that 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 decarant 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 od the claimant must invariably be mention.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every contintental 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 amound 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, 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 that 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 rand he helld, 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 wat 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 reuqired.
[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 states the papers is not writte on the same sheet of paper which contains the affidavit, or other papers uthenticaged, the certificate must be attached thereto by a piec of tape or narrow ribbon, the ends of which muc pass uner the seal of office of the certifying office, so as to prevent and paper fron 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 much 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, and Volunteers and State Troops. The proof required by tule in note [j] applies to continental trouple 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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State of Rhode Island County of Washington Ss. On the eleventh day of October AD 1832 personally appeared in Open Court, being the Supreme Judicial Court now in session in South Kingstown in the County of Washington, George Foster a resident of Westerly in the County of Washingon, 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 7th, 1832 viz. That he entered the service of the United States under the following named officers and served as herein stated. That he was born June 4th AD 1750 in the town of Attleborough in Massachusetts and has a record of the same and lived there until he was three years old, when his Father removed to Westerly, Rhode Island, and since that time said applicant has lived one year in Groton, Connecticut, and afterwards always in said Westerly, where he now resides. And the applicant further states that he first entered the service in the month of October AD 1775 in the Company commanded by Capt. Joseph Pendleton in Col. Joseph Noyes Regiment, and was stationed as a Guard on Shore in Westerly, and quartered at the house of Jonathan Foster, this Guard was appointed for the purpose of protecting the property of our citizens agains the invasions of the enemy, and defening the Vessels which were frequently driven on shore by the British Ships along our Coast. We frequently rendered assistance to vessels that were drived on shore as before stated. In addition to our Musketry, we had two pieces cannon furnished by the State of Rhode Island. 
An American Sloop, commanded by Capt. John Stout was driven on Shore by two British Ships on Watch Hill Point. We had an engagement with them, and succeeded in saving the Vessel and Cargo. A Schooner, called the Butter Schooner, from Ireland, loaded with provisions for the British Army, was captured by a Privateer from New London and before she could be carried into Port, was driven on shore by a British Ship, from which a Barge was sent with thwelve mon, who boarded and set on fire the Schooner. Our Guard soon compelled the Barge to leave, extinguished the fire and saved the Cargo only. An American Privateer, and Prize Schooner which she had captured were both driven on
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shore near watch Hill, by two British Ships, One of said Ships was called the Otter. They attempted to land in their Barges, and board the Privateer and Schooner, but in consequence of our fire upon them, they were compelled to return. Other vessels were driven on shore at various times, the particular dates not being within the recollection of said applicant. The said applicant continued duty in the above mentioned service until April 1781, and was discharged, but had no written discharge. 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 in open Court. George Foster 
Attest Mattew Waite Clk.

We, Paul Babcock, residing in the town of Westerly and Isaac P. Gavit residing in the same town, County of Washington hereby certify that we are well acquainted with George Foster, who has subscribed ans sworn to the above declaration that we believe his to be eighty two years of age; that he is reputed and believed in the neighbourhood 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 in Open Court. Paul Babcock, Isaac P. Gavit
Witness Matthew Waite, Clk.

And the said Court do hereby declare their opinion after the Investigation of the matter and after putting the Interogatories 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 Paul Babcock and Isaac P. Gavit who have signed the preceeding certificate are Residents in said town of Westerly and that they are credible persons and that their statement is entitled to credit. I Matthew Waite Clerk of the Supreme Judicial Court do hereby certify that the foregoing contains the original proceedings of the court in the matter of the application of George Foster for a pention [pension]. In testimony whereof I have hereunto set my hand and the seal of Office this eleventh day of October 1832. Matthew Waite Clk.
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Revolution 
21758 OWN
File No. 21,758
George Foster
Pri. Rev. War

Act: June 7th 32"
Index: - Vol. 2, Page 145
[Arrangement of 1870.]
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William Rhodes of Westerly in the County of Washington and State of Rhode Island on oath testifies and says that he is, and has been for many years personally acquainted with George Foster of Westerly aforesaid, and that he is knowing to said Foster's serving in the Company commanded by Capt. Joseph Pendleton in the Regiment of Col. Joseph Noyes from the year 1776 in the months of February to the month of February 1778 when she said Deponent left said Guard and went to New London, and left said Foster in service on said Guard.
The Deponent makes this Deposition from his own personal knowledge having served in the same Guard. William Rhodes
Washington Sc. Westerly, September 24 1832. Personally came before me William Rhodes, who before deposing was by me carefully examined, cautioned, and sworn, to testify the truth the whole truth and nothing but the truth, and after giving his Deposition, which was by me reduced to writing, subscribed the same.
Jed W. Knight Justice of the Peace
State of Rhode Island & Providence Plantations Washington Sc. Supreme Judicial Court Acotober [illegible] AD 1832 I hereby Certify that Jedidiah W. Knight Esq. is one of the Justices of the Peace for the Town of Westerly in the County and state aforesaid and that the above signatures of his name in his own proper signatue and as a Justice of the Peace he is duly & Legally qualified to act as such. In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 11th day of October In the year 1832. Matthew Waite Clk.
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In the year 1832 Matthew Waite Clk.

On this twenty eighth day of October AD 1833 personally appeared before the Court of Probate for the town of Westerly and County of Washington George Foster, who being duly sworn doth depose and say, that he first commenced service in October AD 1775 in the company commanded by Capt. Joseph Pendleton, in Col. Joseph Noyes' Regiment, and was stationed as a Guard on the shore in Westerly, at Watch Hill so called and there served until the Fall of 1779 when the British evacuated Rhode Island. He further states that he afterwards served in the same Company and at the same place from this time until the Fall of 1781 a part of the time only, as the Guard during this period was not constantly kept up. He cannot state the precise portion of the time he served during the latter term. He further states that he knows of now person living who was with him in said service, besides William Rhodes Esqr. whom has testified for two years service and cannot therfore produce any further positive proof relative to the same. And the said applicant was discharged from the aforesaid service, but has no written discharge, and for said service he claims a pension. Sworn and subscribed the day and year aforesaid in Open Court. George Foster.
Witness Jesse Maxson, Probate Clerk.

State of Rhode Island and Providence Plantations. Washington County Sc. At a Court of probate holden in Westerly in said County Oct. 28th 1833 personally appeared the above subscriber George Foster and made oath to the truth of the foregoing statement. And I Jesse Maxson Clerk of the Court aforesaid hereby certify that it is the opinion of said Court that before mentioned George Foster has made a true statement of his Revolutionary Services according to his best Recollection. In testimony whereof I have hereunto set my hand & seal of office the day & date aforesaid. Jesse Maxson Probate Clerk.
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Newport Nov. 14, 1833. I certify that Jesse Maxson is Clerk of the probate of the town of Westerly and that the above signature is his proper handwriting and that the seal of said Court has no device. Justice of Peace
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On the twenty second day of April AD 1833 personally appeared before the Court of Probate, for the town of Westerly and County of Washington, George Foster, who being duly sworn doth depose and say that he first entered the service in October AD 1774 in the Company commanded by Capt. Joseph Pendleton in Col. Joseph Noyes; Regiment and was stationed as a Guard on the Shore in Westerly, and continued said service until the Spring of 1780. He further states that he knows of no person living who was with him, besides William Rhodes, Esq. (who has testified for two years service) and cannot produce any farther positive proof relative to his services. He therefore submits the foregoing statement of his service for which he claims a pension.
Sworn & subscribed the day and year aforesaid In open Court George Foster
Witness Jesse Maxson P Clerk.
George Foster 15760
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I Jedidiah W. Knight a Justice of the Peace for the town of Westerly County of Washington, and State of Rhode Island before whom the foregoing Deposition of William Rhodes was taken do certify that I am personally well acquainted with the Deponent, and that his said Deposition, is entitled to full faith and confidence for truth and veracity. Given under my hand at Westerly aforesaid the 22nd day of April 1833. Jed. W. Knight Justice of the Peace.

I Amos R. Wells a Clergyman, residing in the town of North Hampton Connecticut, adjoining the town of Westerly in Rhode Island hereby certify that I am well acquainted by reputation with George Foster who has subscribed and sworn to the foregoing declaration that I believe his to be eighty two years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that I concur in that opinion. Amos R. Wells Westerly April 22nd 1833. State of Rhode Island and Providence Plantations Washington
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Westerly April 22nd 1833

State of Rhode Island and Providence Plantations Washington County Ss.
At at Court of Probate holden in Westerly in said County April 22d AD 1833 personally appeared the above subscriber Amos R. Wells and made solemn affirmation to the truth of the foregoing affidavit. And the said Court hereby Certify that the said Amos R Wells is at theis hime a respectable Clergyman and weekly officiates as such in this town. And I Jesse Maxson Clerk of the Court aforesaid hereby certify that the above contains the proceedings of said Court in reference to the foregoing certificate of Amos R. Wells and further that it is also the opinion of sd. Court that the before mentioned George Foster has made a true Statement of his Revolutionary services according to his best Recollection, and I the said Jesse Maxson further Certify that Jedidiah W. Knight who signed the foregoing Certificate is a Justice of the Peace in said town and now Legally qualified to act in said capapcity. In testimony whereof I have hereunto set my hand and seal of office this 22d day of April AD 1833. Jesse Maxson P. Clerk
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THE NATIONAL ARCHIVES Form VAM-51 12-3-41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*

NAME Foster, George GRADE Private LINE Virginia 
WARRANT NUMBER 12131 and 13970 ACREAGE 100 ISSUED June 19, 1793 town not shown.

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and Privates under congressional resolutions of September 16, 1775, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in the National Archives.