Revolutionary War Pension and Bounty Land Warrant Application File S. 18759, Barnabas Caswell, Mass.
Page 1

SERVICE
Mass.

Caswell, Barnabas

NUMBER
S 18759

carded
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Vermont, 18.658

Barnabas Caswell of Windsor Co. in the State of Vermont, who was a private in the Company commanded by Captain Allen, of the Regt, commanded by Col. Hall in the Mass ma line for 6 mo. 

Inscribed on the Roll of Vermont, at the rate of 20 Dollars and no Cents per annum, to commence on the 4th day of March 1834.

Certificate of Pension issued the 26th day of Sept. 1833, and sent to Walter Palmer, Woodstock, VT. 

Arrears to the 4th of Sept. '33   $50.-
Semi-ant. allowance ending 4 Mar. '36  $10-
[Total]  $60-

{Revolutionary Claim,
Act June 7, 1832.}

Recorded by E. W. Brown, Clerk
Book E.  Vol. 3.  Page 57
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No. 4326
Barnabas Caswell,
Declaration

P. O.
Page 4

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.

[Signature]  L. A. Marsh, Register

his mark  X
Barnabas Caswell

We, Jasper Hazen, a Clergyman residing in Woodstock, and Nathan T. Churchill residing in the same place, hereby certify, that we are well acquainted with  Barnabas Caswell who has subscribed and sworn to the above declaration; that we believe him to be 76 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 and subscribed the day and year aforesaid,
L. A. Marsh, Register
[Signature]  Jasper Hazen
[Signature]  Nathan T. Churchill

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 Jasper Hazen who has signed the preceding certificate, is a Clergyman, resident in Woodstock and that Nathan T. Churchill who has also signed the same, is a resident in Woodstock and is a credible person, and that their statement is entitled to credit.

I, Lyndon A. Marsh, Register of the Court of Probate in the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Barnabas Caswell for a Pension.

In testimony whereof, I have hereunto set my hand and seal of office this eleventh day of August A.D. 1832

L. A. Marsh, Register
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STATE OF VERMONT
WINDSOR COUNTY, SS.

On this 11th day of August, A.D. 1832, personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, Barnabas Caswell - a resident of the county of Windsor and State of Vermont, aged Seventy-six years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
In the year 1776, he lived in Middleborough Massachusetts, in December he enlisted into Capt. Nehemiah Allen's company, Colo. Hall's Regiment (State Troops) for three month marched to Rhode Island stationed at Trenton a part of the time & a part at Bristol R Island, staid his time out & returned home.  In Sept. 1777, he enlisted for three months into Capt. Henry Pierce Company in Colo. Cotton's Regiment (State Troops) marched Rhode Island stationed at Trenton & served his time out & returned home.

He has no documentary evidence and knows of no persons whose testimony he can procure who can testify to his service except the testimony hereunto  annexed.  He was born in Middleborough Mass. on the 6th day of December, A.D. 1755.

In 1812, he moved to Woodstock Vermont where he has ever since lived  & is known to many of the inhabitants - - -  in particular to Rev. Jasper Hazen & Nathan T. Churchill
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4326
Barnabas Caswell

Admit
6 mos.

[check mark]

W. Palmer 
Woodstock
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WAR DEPARTMENT,
PENSION OFFICE

April 25  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 tabular form.  On comparing these papers with the following rules and subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and regulations will shew what is necessary to be done.  These points to which your attention is particularly directed, you will find marked in the margins with a brace (thus:  } ).  You will, when yoiu 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.

[Table]
A Statement showing the Service of Barnabus Caswell

Period when the Service was recorded:  1776, 177
Year:  
Months:  6
Days:
Rank of the Claimant:  Private
Names and Rank of the Field officers under whom he served:  Col. Hall, Col. Cotton
Age at present, and place of abode where he entered the service:  76 years, lived in Middleborough, Mass. when he entered the service. 
Proof by which the declaration is supported:
Affidavit of Jonah Washburn.

I am, respectfully, 
Your obedient servant,

J.  L. EDWARDS, (unsigned)
Commissioner of Pensions

Mr  B Caswell
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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.

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 [blank] day of [blank]  personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c)  [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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. [pointing hand image]  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 [blank]

Sworn to and subscribed the day and year aforesaid.
-- A. B.
{And then will follow the certificate of the Court.}

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I [blank]  of the Court of  [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of  [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] & 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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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  [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] & 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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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
are 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 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 Solder-Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an officer-Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. 

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk for 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 so doing by reasons 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 resided. If he should fail 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 statement 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, etc. A. B. who, being duly sworn, deposeth and saith, that, by reason of 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 ____, I served as a ___for ___ months and ___days, I served as a ____; and for such services I claim pension.”

It is important in all cases to determine with precision the period for which each applicant served ad the particular and 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 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 etc 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 offers the applicant served; the duration of each term of engagement, the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; 
That he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in Any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The clerk must affix his seal, and if he 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 menial character and signature of the certifying office, 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, 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 my certify to the credibility of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from (a) to (i) are all equally applicable to the cases of militia men, volunteers and state troops. The proof required by rule in note (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness abbot be found, the declarant must state the fact.
(m) The answers to the interrogatories must be written and sent to the War Department, with the declaration.
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18759

INVALID.

File No. 18759

Barnabas Caswell

Pri. Rev. War

Act:  June 7 32

Index:-Vol. 1, Page 63

Arrangement 0f 1870
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Barna Caswell
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State of Vermont Woodstock May 27th 1833 -
Windsor County Personally appeared before me the undersigned a Justice of peace within and for the County of Windsor Barnabas Caldwell who being duly sworn, deposit and sayeth that according to his best recollection he served not less than the periods mentioned below and in the following grades -
For six months I served as a Private & for such service I claim a Pension and for the time during which this service was performed I was not employed in any civil pursuit, that I served  with an imbodied corps called into service by competent authority and performed the service as I have stated in my said declaration, which this is an addition or amendment thereto.

I further depose and say that I know of no person living by which I can prove my said term of service and when at Rhode Island I knew General Sullivan 
Barnabus Caldwell x his mark

Witness
Walter Palmer

Sworn and subscribed the day and year above written.
 George E. Wales Justice of Peace  [signature]


State of Vermont
Windsor County ss. } 
I Benjamin Swan Clerk of Windsor County Court do hereby Certify that George E Wales who has affixed his name to the above is a Magistrate duly qualified and that the above is his
genuine signature - 

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Woodstock this 30th day of May AD 1833-
Benj Swan [signature]

[seal]
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Jonah Washburn
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I Jonah Washburn of Randolph County of Orange & State of Vermont of lawful age testify & say that in the year 1776 & 1777 I was acquainted with Barnabas
Caswell then of Middleborough Mass & do know that the said Caswell was in the service of the United States at Rhode Island in said years in Capt Nehemiah
Allens Company in Colo [Colonel] Jeremiah Hall Regiment & served three month that I served with him in the same company- - -
& further Deponent sayeth not
Jonah Washburn [signature]

State of Vermont 
Windsor County ss.
Woodstock June 4th 1833


Then personally appeared Jonah Washburn & made solemn oath that the
above affidavit by him subscribed contains the truth & nothing but the truth before me
& I hereby certify that the said Washburn is a Credible Witness
George E. Wales Justice of Peace [signature]

State of Vermont 
Windsor County ss,}

I Benjamin Swan Clerk of Windsor County Court do hereby certify that George E Wales who has affixed his name to the above is a Magistrate duly qualified & that the above is his genuine signature - 

In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Woodstock the 4th day of June 1833
Benj. Swan [signature]

[seal]