Revolutionary War Pension and Bounty Land Warrant Application File S. 6855, Jotham Fobes, Mass.
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SERVICE Mass.

 Fobes or Forbes, Jotham 

NUMBER S. 6855 
carded

CONTENTS
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14A16
19665
New York 
Jotham Fobes 
of Livingston in the State of N. York who was a fifer in the Compy commanded by Captain Childs- of the [illegible] commanded by Col.Wesson in the Moupty line for 2 years- Fobes or Forbes

Inscribed on Roll of N. York at the rate of 88 Dollars ——Cents per annum, to commence on the 4th day of March, 1831. 

--- 
Certificate of Pension issued the 25th day of May 1833 and [illegible] F. Tracy [illegible]  
—-
Arrears to the 4th of Ma. 33 
Semi-anl. allowance ending 4 Sep. 33 

$ 146.  44 ┃ $220 
Revolutionary Claim, Act June 7, 1832. }
Recorded by Geo. C. Stiles Clerk, Book E. Vol. 4, Page 19
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C.W. Baldwin Oct 8 1832
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In the matter of Jotham Fobes
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State of New York
Livingston County Ss
On this twenty fifth day of September in the year of our Lord one thousand Eight hundred and thirty two personally appeared before the Court of Common Pleas of the County of Livingston held at Geneseo in said County Jotham Fobes resident of the town of York in said County aged seventy four years and upwards 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 one thousand seven hundred and seventy seven in the month of April of that year with Captain Abraham Childs in the town of Boston State of Massachusetts and passed muster as a fiefer rendesvous at Cambrige he marched from Cambrige with a Company of recruits under the command of Captain Nathan Dix to Albany in the State of New York and was there enrooled in Captain Dix Company as a fiefer he there joined the Regiment Commanded by Col James Wesson which was then called the ninth Regiment of the Massachusetts Line and belonged to General Lernard's Brigade he continued in the same Company until the month of August of the same year as near as he now recollects at which time he was enrolled in a company Commanded by Captain John Blanchard in which company he served as a fiefer until the month of April in the year one thousand seven hundred and eighty he marched with his company and Regiment from Albany to the German flats from thence to Fort Staniwick from there to Stillwater and there joined the Northern Line of the Army under the Command of General Gates and he was with that Line until the surrender of Burgoyn at Saratoga which took place the seventeenth of October one thousand seven hundred and seventy seven
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After the surrender of Burgoyn he marched with his Company and Regiment to Valleyforge in Pennsylvania and there joined the Southern Army under the Command of General George Washington on the twety eighth of june in the year one thousand seven hundred and seventy eight he was with his company and Regiment when they met the enemy in Battle at Monmouth after the Battle at Monmouth they marched to white Plains in the State of New York from thence to Danbury in the State of Conntticut from thence to Hartford from Hartford they marched to Fishkill in the State of New York there remained through the winter from Fishkill in the spring of the year one thousand seven hundred and seventy nine they marched to West point there they were stationed until he recieved a regular discharge from the Army signed by Col James Wesson which took place in the month of April one thousand seven hundred and eighty and he kept his discharge until April one thousand eight hundred and seventeen at that time moved from Buckland Massachusetts to the place where he now lives he then threw his dicharg away with other papers he then considered useless and this applicant further states that at the tim of his enlistment as above stated he was an inhabitant of the town of Upton County of Worcester and State of Massachusetts and that his name was sometimes written Forbes on the Rolls instead of Fobes which is his true name he here by relinquishes every claim 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
[signed] Jotham Fobes
Subscribed and Sworn the day and year first aforesaid in open court 
[signed] S.G. Haven Dep Clerk
And the said court do hereby declare their opinion that the above
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named applicant was a revolutionary soldier and & served as he states

State of New York
Livingston county Ss
I Chauncey R. Bond Clerk of the court of common pleas of said county in said state do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Jotham Fobes for a pension
In testimony whereof I have hereunto set my hand and seal of office this 28th day of September 1832
[signed] Chauncey R. Bond clerk
by J.G. Haven Deputy Clk
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19665
Jotham Fobes
Livingston Co
New York

admd

Felin Tracy Esq.
Moscow. Livingston Co
New York
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I Peter Butler of Bukland [Buckland] in the County of Franklin and State of Massachusetts, being of lawful age do testify and declare that I was personally knowing to Jotham Fobes being in the service of the U.S. in the army of the Revolution from April 1775 to April 1780 and that he served as a Fifer during said period because I was with him the said Jotham, in the same company and the same  [illegible]; to [illegible] Captain John John Blanchards Company and Colonel James Wesson's Regiment
Peter Butler
Franklin ss. 7th August 1832 Then the above named Peter Butler, personally appearing, made solemn oath to the truth of the above named affidavit by him subscribed and I certify that the above named Peter Butler is a credible witness
Before me John [illegible]. Justice of the Peace
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2 
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies. As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.  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 ___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 provion [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 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 has subscribed and sworn to the above declaration; that we believe him to be ___ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. ___ who has signed the preceding certificate is a clergyman, resident in the___ and that C.D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit. I, ___ Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation [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, ifpossible, 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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8  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 Offcer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.  __________________________________________________  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] The declarant must mention the period or periods of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; 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_____ year ________months, and _______ days, I served as a _________. For ______month and _____ days, I served as a ___________; and for such service I claim a pension." It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. [f] The law makes the relinquishment indispensable. [g] The opinion of the Court is always required. [h] [i] 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. [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 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 are must be certified by the proper officer, under his seal of office. the notes from [a] to [e] 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. [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.  Joseph Rowen [hand written]
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information as contained in his (or his widow's) application for pension on file in this Bureau. Jotham Fobes S.F. 6855 DATES OF ENLISTMENT OR APPOINTMENT. Apr. 1777 Aug. 1777 LENGTH OF SERVICE. Aug 1777. Apr. 1780 RANK. Fifer 1 
OFFICERS UNDER WHOM SERVICE WAS RENDERED. 
CAPTAIN. Abraham Childs Nathan Dix John Blanchard 
COLONEL James Wesson. 
STATE Mass 
 Battles engaged in, Monmouth 
Residence of soldier at enlistment, Upton, Worcester Co Mass 
Date of application for pension, Sept 1832. His cl was al. 
Residence at date of application, York, Livingston Co. N.Y.
Age at date of application, 74 years 
Remarks: Soldier States that his name was sometimes written Forbes on the roll instead of Fobes, which is his true name.
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O. W. & N. Div.
I 6855 
L. W. B. 
DEPARTMENT OF THE INTERIOR, 
BUREAU OF PENSIONS, 
WASHINGTON, D. C., August 20, 1896. 
Replying to your request for information concerning the military record of Jotham Forbes, a soldier of the Revolutionary War, you are advised that he made application for pension September 25, 1832, at which time he was residing in New York and 74 years of age, and his pension was allowed for two years' actual service as a fifer in the Mass. troops, Revolutionary War; a part of the time he served under Capt. Abraham Childs and Col. James Wesson. He enlisted at Boston, Mass. 
Very respectfully, 

Commissioner.

Mr M. E. Dodge, 
Box 159, 
Bristol, R. I.
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Walton N. Y.
February 7, 1908 
U. S. Commissioner Pensions. 
Washington, D.C 
Dear Sir - 
Can you send me a certified copy of a pension obtained by Jotham Forbes for service in the Continental Army the Revolutionary War? 
the pension was applied for Sept. 25, 1832, and was allowed for two years service as fifer in the Mass troops.
 I wish this certificate to verify my claim to eligilibility to membership
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in the D.A.R. 
Perhaps it will only be necessary to send me a statement of the fact that there is his pension certificate, or that  Jotham Forbes was a Pensioner.  You must have had other D.A.R. people to do this for, and will know what is necessary.
Respectfully,
Mrs. George H. Nellis 
Walton 
Delaware Co.,
 N. Y.
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Y 14416 [ handwritten]
Commissioner of Pensions, 
Dear Sir;
I am desirous of facts in regard to my great grandfather, Jotham Forbes, a Revolutionary pensioner previous to his death at York, Livingston Co., New York, August 4th, 1851. 
It is my impression that he enlisted in Buckland, Mass., but have no data at hand to verify this impression. Hoping that the Government may have the records which I desire,
I remain 
Respectfully yours, 

M. E. Dodge.

Bristol, R. I. Aug. 10, 1896. 
Box 159.
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6885 [handwritten]
INVALID. 
——-
File No. 6855 
Jotham Fobes or Forbes
Fifer Rev. War
Act: June 7th 1832 
Index: --Vol. 1st, Page 129 
{Arrangement of 1870.} 

*W.D.G. May 26, 1908. [handwritten]
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Aug 2096 sold pound to M E Dodge Bristol R. J.
1908 Feby 18 Hist. to Mrs. George H. Neller V.L.U.
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Buffalo N.Y. July 28th 1852 
Hon. Commissioner of Pensions 
Sir I hereby ask to be furnished with a statement of the time when and the length of service of Jotham Fobes late a revolutionary pensioner of this State I wish to know what companies Jotham Fobes claims to have served in - and the dates of such service claimed and how much of said service was allowed and have substantiated-- I make this request for the heirs of a soldier who is supposed to have served with Mr. Fobes and the object of obtaining this information is facilitate certain investigations being made in Boston Mass in relation to Benj
 Aldrich whose heirs are living in this state. 
I trust that my character and standing are sufficiently known at your office to rebuff the presumption that this request is made for any improper purpose-- if not I have the honor to be allowed to refer you to The Hon. S. G. Haven of the House of Representatives 
I am most respectfully your obt. Svt.
C. W. Baldwin
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Livingston County. Ss.
Joseph Potter of Mount Morris in said County being duly sworn saith that he is seventy eight years of age that he was born in Upton County of Northern State of Massachusetts where he lived untill he was twenty-nine years of age, that he moved from Upton to the town of Brickland then in the County of Hampshire but now County of Franklin from Franklin he moved to Sempronius in County of Cayuga & State of New York where he lived about thirty years from Sempronius he moved to Mount Morris where 
he now resides, that while he lived in Upton he was well acquainted with Jotham Fobes the applicant named in the annexed certificate & that he knows thefact that the said Jotham served three years in the American Army during the revolutionary war, that this deponent lived a part of said time with Aaron Warren whose service the said Jotham Forbes left when he joined the said Army & further saith not.
Joseph Potter
Subscribed and sworn the day and year first aforesaid in open Court 
S. G. Haven Deputy Clerk
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In the matter of Jotham Fobes a revolutionary Soldier 
19665 V
direct to Filen Tracy 
Morrow
Livingston County State of New York 

found on Rolls of Wessors Regt 
3 years fifer from ‘77 to ‘78 - 

 AO md
2 years fifer
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I Edward Fobes of Buckland in the County of Franklin and State of Massachusetts, being of lawful age, do testify and declare, that I was knowing to Jotham Fobes (then of Upton in the County of Worcester State of Massachusetts) 
having enlisted, in April 1777 as a Fifer in the Army of the Revolution Captain John Blanchard's Company and Colonel James Wesson’s Regiment and that he was discharged in April 1780, and that I repeatedly saw him during the three years which he served in said Corps, and the I have since seen his discharge from the Army dated the eighth of April 1780 
Edward Fobes
Franklin Ss. 7th August 1832 Then the above named Edward Fobes personally appearing, made solemn oath to the truth of the aforegoing Affidavit by him subscribed —  and I hereby certify that the above named Edward Fobes is a credible witness 
Before me John Tobey Just of the Peace 
Commonwealth of Massachusetts 
Franklin SS I Elijah Alvord, Clerk of the Court of Common Pleas of the Commonwealth of Massachusetts, for the County of Franklin, do hereby certify that John Tobey before the two foregoing affidavits were verified is a Justice of the Peace for the said county, and as such is qualified to administer oaths and take affidavits within the said County. And I further certify that his signature to the said several affidavits is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Greenfield on the thirteenth day of August A.D. 1832. 
E. Alvord Clerk affidavits
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I Peter Butler of Burkland in the County of Franklin and State of Massachusetts, being of lawful age do testify and declare, that I was personally knowing to Jotham Fobes being in the service of the U.S. in the army of the Revolution from April 1778 to April 1780 and that he served as a Fifer during said period because I was with him the said Jotham, in the same Company and the same mess; to company Captain John Blanchard’s Company and Colonel James Wesson’s Regiment 
Peter Butler
Franklin Ss. 7th August 1832 Then the above named Peter Butter, personally appearing made solemn oath to the truth of the above named affidavit by him subscribed and I certify that the above named Peter Butler is a credible witness
Before me John Tobey --- Just of the Peace