Revolutionary War Pension and Bounty Land Warrant Application File S. 17322, Michael Cary, R.I.
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Service R. I. Cary, Michael Number S.17322
Contents
carded
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Michael Cary Son of David Cary & Mary his wife was born January 29th, 1739/40 [underlined 29th, 1739/40]
Town Clerks Office, Bristol, R.I. July 27th 1832
I hereby certify that the above isa true copy from the Record in this office
Witness Wm Throop, Town Clerk.
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2953
Rhode Island 
Michael Cary of Bristol in the state of R.I. who was a private in the company commanded by Captain [blank] of the Regt. commanded by Ger Green in the R.I. line for 18 days.

Inscribed on the roll of R.I. of the rate of 60 dollars -- cents per annum, to commence on the 4th day of March, 1831.

Certificate of pension issued the 10th day of Dec.r 1832 and sent Nath.l Bullock Bristol R.I.

Arrears to 4th of Sept. 1832  $90 --
Semi=anl. allowance ending 4 Apr ' 33 $30--
$120 --

{Revolutionary Claim, Act June 7, 1832}
Recorded by J H Mc Blair clerk
Book D. Vol. 3 page 106

Letters 29 Oct 1832 to Hon. Tristan Bugess
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Declaration 
Michael Cary
no. 6177
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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 Bristol
On this twenty eighth day of July 1832 personally appeared in open court before the Judged or Justices of the Court of Common pleas now sitting Michael Cary a resident of Barrington in the County of Bristol and state of Rhode Island aged ninety three 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 Stated under the following named officers and served as herein stated. 
That is to say - that in December 1776 he belonged to Captain Nial Allens  company as a private soldier of Militia in Barrington aforesaid and that this whole of said company were ordered into the public service and stationed at Hayatt Point & Rumstick point on the shores of Narragansett Bay in the said month of December in the
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from Mount Hope Bay on the east, dividing the towns of [illegible] Warren, said Company was ordered from their said stations and marched to repel the enemy and that he was in this service 2 short times from said stations. In the month of August 1778 he was detached from said Company and was marched onto Rhode Island under Lieutenant Daniel Kinnicut who was lieutenant of the company, who went on with the 2d division of said company, Capt. Vial Allen who commanded the first division of sd Company then being on sd Island, & whose term expiring we went on to relieve him and his division. we arrived two days before the Battle on the 29th of Augt. 1778 and served out the 30 days and then returned to our stations. He does not recollect the Regimental officers of the Regiment to which he was attached, but recollects the names of Genl Sullivan and Genl Greene as General Officers. And said Cary further declares the he was born in Bristol R.I. on the 20th day of January 1739 - 40 Old style. that he has procured the written evidence of his birth, that he never had any written discharge, but was discharged from his 2d services verbally by his commanding officer. that he has no documentary evidence of any of said services. That the Clergyman resident of Barrington, in the time of the Revolution has been long since deceased and that at present there is no clergyman in his neighbourhood. that Josiah Kinnicut & Joseph Bicknall Esqrs are citizens of Barrington and neighbors to whom he would refer as to his character for veracity & their belief that he was a soldier of the revolution as well as to the accompanying depositions. N.B. at the time he was called into the service, ever since, and does now reside in Barrington. 
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 Attest. J. Davis Clerk, Michal Cary
We Josiah Kinnicut residing in the town of Barrington and Joseph Bicknall residing in (the same) hereby certify that we are well acquainted with said Michael Cary who has subscribed and sworn to the above declaration; that we believe him to be ninety 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 and subscribed the day and year aforesaid, Attest J. Davis Clerk Josiah Kinnicult Joseph Bicknell

And the 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 Josiah Kinnicut Esqr who has signed the preceding certificate, is a citizen resident in the said Barrington and that Joseph Bicknell who has also signed the same is a resident in the same town and is a credible person, and that their statement is entitled to credit. Attest J. Davis Clerk.
I Ichabod Davis, Clerk of the Court of Com Pleas for said county do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Michael Cary for a pension. In testimony whereof, I have hereunto set my hand and seal of office this 28th day of July AD 1832 Attest J. Davis Clerk
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No. 6177
Michael Cary of Barrington R.I.
Private
1 year & 6 mos
adm
Nov 7 1832
$60
Nathl. Bullock
Bristol R.I.
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BRIEF in the Case of Michael Cary of the County of Bristol in the State of Rhode Island
(Act 7 June, 1832)

1. Was the declaration made before a Court or a Judge?  Court

2. If before a judge, does it appear that the applicant is disabled by bodily infirmity?
[NO ANSWER]

3. How old is he? 93 years

4. State his service, as directed in the form annexed.

[1st section]  Period.
From [in is crossed out] 1776 Dec to 1779 May on duty one half the time

[2nd section ] Duration of Service.

Years, Months,  Days
1           -              -
-            6             -

 (3rd section) Rank.
As a
Private
ditto

(4th section) Names of General and Field Officers under whom he served.
Gen.
Captain Allen
-
Genls Greene & Sullivan
Capt. Allen, Lieut Kinicut

5. In what battles was he engaged? Rhode Island

6. where did he reside when he entered the service? Barrington

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? by living witnesses

8. Are the papers defective as to form or authentication? and if so, in what respect?
Regular

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 

Levin Belk
Examining Clerk
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17.322
INVALID
File No. 17.322
Michael Cary
Pri Rev War
_____________

Act: June 7" 32
Index:-Vol. 1, Page 63
[Arrangement of 1870.]
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I Benjamin Martin of Barrington in the state of Rhode Island &c. on solemn oath depose and say that I have always been acquainted with Michael Cary of said Barrington an applicant for a pension. I know that said Cary belonged to the militia company commanded by Capt. Vial Allen in Barrington when said company was in the service while the British were in possession of Rhode Island in the revolutionary war and that he did duty in the same as a private soldier for said time being about three years as near as I can remember - for one half of the time - I belonged to the same company for the same time and did duty on the same plan. That is, for half of the time by turns - and we all recd. half pay and rations from the state (as I supposed) as other troops, when on duty as aforesaid - the company did duty in Barrington at Rumstick & Nayatt Points for the term aforesaid except - in times of Spencers expedition when he was marched with a detachment of said company as far as Bristol in Sept. 1777 for about two weeks - and in Sullivans expedition on Rhode Island he was detached and march on in Augt. 1778 for about 30 days.
Benjamin Martin
Sworn to and subscribed in open court
J. Davis, Clerk

I Samuel Short of Barrington in the state of Rhode Island &c. on solemn oath depose & say - that I have ever been acquainted with Michael Cary of said Barrington. He belonged to the company of Capt. Vial Allen of Barrington in December 1776 when said company was ordered into the public service and continued in the same till the British left Newport - doing duty for half the time as the rest of said company - and receiving pay and rations as the rest of us who belonged to the company for that time - he served during all this time at Nayatt and Rumstick Points in said Barrington except two short periods of service - when he was  marched away with a detachment of said company in Spencers expedition - & I also saw him on Rhode Island in Sullivans expedition in Augt. 1778.
Samuel Short

Bristol Sc. Bristol, R. Island, July 28th 1832.
Personally came Samuel Short the above named deponant, and made solemn oath to the truth of his aforegoing deposition, and subscribed the same. And I further certify, that said deponant is personally known to me, and sustains a good character, for truth and veracity.
Before me Wm. Throop Justice Court Common Pleas County of Bristol
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Bristol Le [some sort of symbol] At Bristol, R. Island. July 28 th, 1832.
Personally came Benjamin Martin the witheir named deposant and made solemn oath to the truth of his witheir deposition and subscribed the same. And I further certify that said Deposant is personally known to me and sustains a good character as to truth and veracity, before me. Wm Throop Justice Court C. Pleas, County of Bristol
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Written sideways on document
B. Martin
S. Short for M. Cary

Sworn to and subscribed in open Court

J. Davis, Clerk
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Personally appeared before me, the undersigned, a Justice of the Court of Common Pleas, for the County of Bristol in the State of Rhode Island is, Michael Cary 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  [time or is crossed out] length of his service, but according to the best of his recollection he served not less than the period mentioned below, and in the following grades: For one year and six months I served as a private soldier in Captain [oial] Allen's Company of militia, during the War of the revolution, and mostly in the year 1779, 1778 & 1779 - and for such service I claim a pension 

signed Michal Cary

Sworn to and subscribed, 
this 23, day of November
A. D. 1832 Before Mr. 
Wm Throop
Justice Court C. Pleas. County
of Bristol

State of Rhode Island x Providence Plantations 
Clerk's office Court of Common Pleas for the county of Bristol.
I hereby certify that William Throop, Jr. give whose signatures are affixed to the above affidavit of the declaration of Michael Cary and to the [illegible[ of the deposition of Samuel Short, and on the back of [illegible] onitions of Benjamin Martin where are hereto annexed [illegible] own proper hand writing of said Throop was at the [illegible] ing saids declaration and depositions a Justice of the Court of Common Pleas for one said County and still is such duly commissioned under the seal of said State and engaged thereon according to law.   
In testimony whereof I have hereto set my hand and affixed the seal of our said County this the 24th day of November A. D. 1832 and in the fifty seventh year of Independence.

J. Davis Clk.
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No. 6177
Michael Cary

N. Bullock Esq.
Bristol R. I.


there is some sort of seal mark on the right hand side of document
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Some sort of mark at the top of the page [seal?]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Michael Cary which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes

II. Did the declarant make the declaration in the county where he resides? yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? NO ANSWER

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes [crossed out] - No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes -
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2

XII. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? NO ANSWER

XIV. If the applicant had produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes.

XVI. Are the papers authenticated as the regulations direct? yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.

_______________________________________________

EXPLANATORY NOTES.
*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: 
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For ______ year _________months, and ________days. I served as a _____________ For ___________months and __________days, I served as a ______________; and for such service I claim a pension."
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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.

† QUERE XXIV. 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 affidavits must be properly au - [illegible] e directed

‡ QUERE XVI. Mode of authenticating papers.

In every instance where the certificates of the certifying officers who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
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Providence Oct 6th 1833
Dear Sir
I write at the request of Michael Carey a pensioner of the Revolution who says that a mistake has been made either by the clerk of the court or at the Department. He served as a sergeant but is put on the roll as a private. The veteran now 94 years old walked 8 miles to see me & was very earnest to be restored to his rank, not so much for the $1.33 per month additional pay as for the honor of a soldier. He has sent me two depositions of men whose character for truth as I know is good & so certified by the magistrate. Do gratify this withering monument of another age - he cannot stand through two winters more tho now robust.
Truly & respectfully
Tristam Burges
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We, Samuel Short of Barrington in the county of Bristol in the state of Rhode Island and Providence Plantations, of the age of seventy eight years and upwards, and Benjamin Martin, of said Barrington, of the age of seventy eight years and upwards, both being sworn according to law, on solemn oath, do testify and say, that from our childhood we have been well acquainted with Michael Cary of said Barrington who is a Revolutionary Pensioner, whose pension certificate now exhibited to us by him is numbered 2953, and bears date the tenth day of December one thousand eight hundred thirty two, & is signed by Lew Cass Secretary of War, and countersigned by J.L. Edwards and we further testify and say, that at the commencement of the Revolutionary war immediately after the Battle of Lexington said Michal Cary was appointed a sergeant in the company of militia in said Town of Barrington commanded by Captain Vial Allen in Colonel Nathaniel Martin's regiment, which regiment was subsequently commanded by Col. Miller and towards the close of the war by Col. Church; that said Michael Cary was a sergeant in said company during the whole period of the Revolutionary War, and that he served as a sergeant in said company of militia whenever said company was drafted or ordered out; and we further testify and say, that we heard the declaration of said Michael Cary by him made before the Court of Common Pleas in said county of Bristol as his application for a pension and according to the best of our recollections the period of his revolutionary serves were correctly stated; and that in taking down in writing the declaration of said Michael Cary there was a mistake in relation to his grade of service.
Samuel Short
Benjamin Martin

The state of Rhode Island & Providence Plantations Bristol Sc. in Warren, October the 1st A.D. 1833.
Then the above named Samuel Short and Benjamin Martin personally appearing before me, the subscriber, and being sworn according to law, made oath to the truth of the aforegoing deposition, to which they subscribed their names in my presence; and I hereby certify that I am well acquainted with said Samuel Short and Benjamin Martin, that they are credible persons, and that their statement is entitled to credit.
Levi Haile Just of the Peace
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State of Rhode Island County of Bristol Ss.
I Samuel Randall Clerk of the Court of Probate in the town of Warren in the aforesaid county of Bristol being a court of Record, do hereby certify that Levi Haile Esq. is a Justice of the Peace, in the town of Warren, was appointed by the General Assembly and Commissioned by the Governor of this state, the sixth day of May 1833, and is fully authorized to act in his said capacity and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Warren, on this second day of October, one thousand eigh hundred thirty three.
Samuel Randall Clerk