Revolutionary War Pension and Bounty Land Warrant Application File S. 21614, James Atwood, Vt.
Page 1

(3-1776)
SERVICE
Vt.

Atwood, James
NUMBER
S. 21614

CONTENTS
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15524
Rhode Island
James Atwood
of  Providence, in the State of R. Island
who was a Private in the Company
commanded
Captain Sawyer of the Regt
commanded
Col Barrett in the Rhode Island
line for 6 months

Inscribed on the Roll of R Island
at the rate of 20-Dollars - Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 21 day of June and sent Benj'n Cowell 
Providence R. I.

Arrears to the 4th of March $40
Semi-anl. allowance ending 4 Sept.
10.00
$50.40 

 Revolutionary Claim,
Act June 7, 1832.
Recorded by
D D [Addison] Clerk
Book E Vol. 2 Page [?]
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James Atwood
No 18879
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56
James Atwood
Vt. 18879
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UNITED STATES OF AMERICA.
Rhode-Island District, sc. August Term 1832
County of Providence
On this Ninth day of August A.D. 1832 personally appeared in open Court, being a
 District Court of the United States within and for said District, now in session-- James Atwood a resident of Providence in the County of Providence
and State of Rhode Island aged 70 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, viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
He was born in Cranston December 5th 1761; he has no
record of his birth except in a bible which he has -- lived in Chester, Vermont when he entered
the service & since the war has always lived in Providence
where he now resides.
And this applicant further states that in the year 1779
he served as a substitute two months in Cap Sawyer’s
Company &  Barrett’s regiment of Vermont Militia & served
at Rutland. And also immediately after served again as a substitute two months
 in Cap Sawyer’s company & Col Barrett’s regiment of Vermont Militia 
and served at Peacham & Corinth Forts -
And also immediately after served again as a substitute two months in Capt
 Sawyer’s company & Col Barrett’s regiment & served at Castleton -
Mount Independence - Lake George landing and
there took & destroyed the provision belonging to Burgoyne
away - and their proceeded to Diamond Island in
Lake George where we had a small engagement with
the British & lost 12 men-
All of which he served out as a private & was honourably
 discharged, but never had a written discharge.
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[cont’d from prior page]
honourably  discharged, but never had a 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.
James Atwood
Sworn to and subscribed, the day and year aforesaid.
attest Benj’n Colwell

[next printed section of form is not filled in]
We, ___ a Clergyman, residing in the  ______ and _____ residing in ______
hereby certify, that we are well acquainted with ________
who has subscribed and sworn to the above declaration; that we believe him to be ___
years of age, that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.

And 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 Ezra Sargean, Jeremiah Atwood & Oliver Atwood who have
testified for the sd applicant are resident as they state and credible persons, and that their statement is entitled to credit.
I BENJAMIN COWELL, Clerk of said District Court, do hereby certify that the
foregoing contains the original proceedings of the said Court in the matter of the application
of James Atwood for a pension.
In testimony whereof, I have hereunto set my hand and seal of office,
this 22d day of November 1832
Benjamin Cowell Clk
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No 18879
James Atwood Providence
County Rhode Island 

Private 6 monhts
Allw'd

B Cowell Providence
Rhode Island
Page 8

WAR DEPARTMENT,
Pension Office, 183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement showing the service of James Atwood Providence County Rhode Island

Period when the service was rendered. - 1779 [repeated 3x]
Duration of the claimant's service. - 2 Months.  [repeated 3x]
Rank of the claimant. - Private  [repeated 3x]
Names and Rank of the Company officers under whom he served. - Cap Sawyer  [repeated 3x]
Names and Rank of the General and Field officers. - Col Barrett [repeated 3x]

Battles in which the applicant was engaged. - None Stated

Country through which he marched. - at Rutland, at Peacham & Corinth Forty, at Castleton, 
Mount Independence, Lake George -landing & there destroyed the provisions belonging to 
Burgoyne’s army, and then went to Diamond Island, Lake George & had a small engagement with the British.

Place of abode when he entered the service, and age at the present period. - 70 years, 
Chester Vermont

Evidence by which the declaration is supported - Traditionary and 3 living Witnesses
certified credible. No clergyman, the papers not property attached.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming
the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance
, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.
of
On this
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
Certify
County of
day of
A.B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the 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)
served in the
(e) regiment of the
and
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.
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
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
subscribed and sworn to the above declaration; that we believe him to be
who has
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
And then will follow the certificate of the Court.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I
Clerk of 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
& 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
alleged service, as they are known at the Department. A very full account of the services of each person
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3
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there
subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war
, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
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 he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure
, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
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.
 The age of the claimant must invariably be mentioned.
 The declarant must mention the period or periods of the war when he served.
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, 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 – years
-- months, and days
, I served as a . For months and - days, I served as a ; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid
 according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two yours
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 tiers 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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 must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from a to i are 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. 
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 11

21614
INVALID.
Revolution
File No.  21614
James Atwood
Pri. Rev War 

Act: June 7" 32
Index: - Vol 2, Page 15
{Arrangement of 1870.}
Page 12

[envelope appears to be re-used]
[circle stamp-illegible, crossed out with Xes]

Chester Vt
Oct 12
 12 ½
James Atwood
Providence, R. I.

[crossed out- “Amos Heald, Esq. Chester”]

Benjamin Swan Esqr
Woodstock, Vermont
Page 13

I Ezra Sargeant of Chester in the County of Windsor ┃
and State of Vermont, aged seventy nine years, depose
and say, that in the month of August 1777
I was called out in the Militia of Vermont. then residing
in Chester aforesaid. Marched to Manchester, Potter, & to
Ticonderoga and was in an expedition to Diamond Island
& served under Lieutenant Joshua Holton - and was in actual
service of the United States about six weeks.
And I now well recollect that James Atwood, Then a
Resident of Chester, and now of Providence Rhode Island
was in the service with me in same company at
the same time & places, as above stated.
Ezra Sargeant

State of Vermont
Windsor County
Be it known, that on the 22d day of Sept
1832 before me, Amos Heald a Justice of the
Peace in the County aforesaid, Personally
appeared Ezra Sargeant above named and
made oath that the above deposition by
him subscribed contains the truth & noth
ing but the truth.
And I hereby certify that the said Ezra Sargent
is well known to me, & is a credible witness.
Amos Heald Justice of the Peace
Page 14


I Jeremiah Atwood of Chester in the County of Windsor &
State of Vermont, now aged sixty eight years, depose & say
 that in the year 1777, I resided in Chester in the same
Family with the James Atwood, then of Chester, and now
of Providence, Rhode Island-- and recollect that the said
James Attwood went into the service of the United States in
the year 1777 and several other terms of inlistment
and as we both lived in my father’s family I was then knowing 
to his going & returning home to
& from the service; but am not able to determine
the time of his particular service at each tour.
But according to my best recollection believe he was
in service in all about six or seven month at the
several different times-
Jeremiah Atwood


State of Vermont
Windsor County
Be it known that on the 22d day of September
1832 before me the subscriber a Justice of the Peace
in and for the County aforesaid, Personally
appeared Jeremiah Atwood and made oath that the
above deposition by him subscribed contains the
truth & nothing but the truth.
and I hereby certify that the above named
Jeremiah Atwood is well known to me
and is a credible Witness
Amos Heald Justice of the Peace
Page 15

I Oliver Atwood of Chester in the County of Windsor and
State of Vermont, aged Seventy two years, depose and say
that in the month of June 1777. I was called out in the
Militia of Vermont then residing in Chester aforesaid-
& marched to Ticonderoga was in the battle at Hubbardton
on the retreat before Gen Burgoyne’s Army. Served
under Capt George Earle and was in service of the United
State as near as I can now recollect about one month.
And I now well recollect that James Atwood then of sd Chester
now of Providence Rhode Island was their with me in the same
Company and the same time & place, with me, as above
stated.
I also recollect the sd James Atwood entered
the service in the Militia & marched with Lieut Holton
about the last of August 1777 to join the Army then opposed to
the Brittish army under command of Gen Burguin [Burgoyne?]on the
North River & Lakes & that he was absent about six weeks when
he returned to Chester. I also recollect
that the said James Atwood was again called in the Militia
aforesaid - that according to my his recollection he enlisted
and served under Lieut William Sterns about three months
but cannot recollect the year--I also recollect the said
James Atwood was in the service of the United States, in the
Militia of Vermont, & was hired by John Chandler Esqr for
two months Marched to Rutland & Pittsford & was absent
term-
Oliver Atwood


State of Vermont
Windsor County
 Be it known that on the 22d day of September 1832
Before me the Subscriber a Justice of the Peace in
& for the County aforesaid. Personally appeared Oliver Atwood
& made oath that the above deposition by him 
subscribed contains the truth & nothing but the truth.
I hereby certify that the above named Oliver Atwood.
is well known to me, and is a credible witness
Amos Heald Justice of the Peace
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 State of Vermont
Windsor County ss
I Benjamin Swan Clerk of Windsor County
Court, do hereby certify, that Amos Heald
who has affixed his name to the within &
foregoing is a Magistrate duly qualified
& that I believe the same to be his genuine
Signatures.
In testimony whereof I hereunto set my hand
& affix the seal of said County at Woodstock
this 29th day of September A.D. 1832
Benj’n Swan

[page appears to a be re-used envelope]
[circle stamp-illegible, crossed out with Xes]

Chester Vt
Oct 12
 12 ½
James Atwood
Providence, R. I.

[crossed out- “Amos Heald, Esq. Chester”]

Benjamin Swan Esqr
Woodstock, Vermont