Revolutionary War Pension and Bounty Land Warrant Application File W. 4,801, for Abner Simmons, Rhode Island
Page 1

(3 - 1776)

SERVICE
RJ

Simmons, Abner
Abigail

NUMBER
W. 4.801
B.L. Wt. 17883-160-55

CONTENTS
Page 2

10.475
Rhode Island 
Abner Simmons of Newport in the State R Island who was a private in the Company commanded by Captain Palmer of the Regt
commanded by Col Curary in the R. Island line for 2 years

Inscribed on the Roll of Rhode Island at the rate of 80 - Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9th day of Apr
1833 and [ ] 

Arrears to the 4th of March 1833 $160.00
Semi-anl. allowance ending 4 Sept
40.00
$200.00
{ Revolutionary Claim, Act June 7, 1832. }

Recorded by D D Addison Clerk,
Book E Vol. 2. Page 129
Page 3

2538
Rhode Island
Abigail Simmons widow of
Abner Simmons RI who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 80 Dollars
Cents per annum, to commence on
the 3d February, 1853.
Certificate of Pension issued the 20th day of October 1853 and sent to Asa Gray
Tiverton
R.I.
-
Recorded on Roll of Pensioners under act
February 2 1853, Page 14. Vol. A
(32)
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13368
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State of Rhode Island & Providence Plantations
Clerks Office of the Court of Probate for the Town of Tiverton in the County of Newport and State aforesaid
I Asa Gray Clerk of said Court do hereby certify that Sylvester Gifford whose signature is affixed to the enclosed Deposition of Edward Manchester & Berzillah Man chester, is one of the Justices of the Peace for the Town of
Little Compton, in the County of Newport & State aforesaid duly commissioned under the seal of said State and engaged thereon according to Law, and that the signature of his name to said Deposition is his genuine signature.
And I do further certify that Charles Durfee whose signature is affixed to the enclosed Depositions of Ichabod Simmons. Abraham Manchester & David Lake, is one of the
Justices of the Peace for the Town of Tiverton, in the County of Newport & State aforesaid duly commissioned by the Governer of said State, under the Seal thereof, and engaged thereon according to law, and that the several
Signatures of his name to said Depositions are in his hand writing
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, at said Tiverton, this twenty second day of September in the year of our Lord One thousand eight
hundred and thirty two - And of American Independence the fifty seventh
Asa Gray Clerk of Court of Probate
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Declaration
In order to obtain the benefit of the Act of Congress passed June 1832
State of Rhode Island
County of Newport

On this twenty second day of September 1832 personally appeared in open Court before the Judges or Justices of the Court of Probate for the Town of Tiverton in the County &
State aforesaid, now sitting, Abner Simmons Esq. a resident of Tiverton in the County of Newport and State of Rhode Island aged Seventy 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-
That is to say. He at Tiverton in March or April 1778 inlisted into the Rhode Island State Line for one year and served as a private in Capt Philip Palmers Company before this commanded by Christopher Manchester) of which Peleg Simmons was Lieutenant, and Benjamin Wilcox Ension, in Col. Archibald Crarys Regiment, of which - Williams was Lieut Col and Christopher Manchester Major; the first part of said year was stationed at Bristol, while we were there the British, who had possession of Rhode Island landed a [ ] party in the night on the North & West of Bristol & marched
unto a place called Richamuit & burnt a number of that flat bottomed boats and some part of the Town of Warren a grist mill and
part of the Town of Bristol, by the [ ] conduct of Major Manchester, who had the command of us at the time the Colonels being absent, we escaped out of their hands and with the assistance of the Militia, who flocked to our assistance, we caused them speedily to retreat-- after remaining at Bristol some time we
were marched to Tiverton, thence we [ ] over, at Howland [ ] to Rhode Island, was in the battle at a place called Quaker hill in said Island in Gen. Sullivan's Expedition, [ ] from
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Rhode Island back to Tiverton the last of August or first of September and remained in Tiverton, near Howlands Ferry till near winter as he thinks, then the Regiment was marched to Little Compten & wintered there, but he and some others were detached out from said Regiment until a Guard and remained in said Tiverton until discharged in March or April 1779.
He, after being discharged as aforesaid served in the Militia In said Tiverton in the fall of the year 1779 as he thinks, he serve in Capt Isaac Cork Company of Militia, Philip Cory he believes, Lieutenant, for one month or more, on the shore in Tiverton, but whether he was drafter a substitute or volunteered he cannot now tell but he well remembers receiving pay
for said service-
He in the year 1780 on the 1st day of July enlisted into the Continental Service for six months and served in Col. Green's Regiment -- Flag was Mair, he thinks the Captain under
whom he served was named- Hill, but is not certain, the officers being strangers to him;
Capt Lewis commanded the Black Company which took post on the right of the Regiment,
he joined the Regiment at Providence soon after marched to Rhode Island, after being there a short time we crossed over the Narragansett Bay to the West to Greenwich as he thinks, in
order he supposed at the time to go to the Westward, but soon returned back to Rhode Island and were stationed in tents on the west
shore of said Island between Newport & Bristol Ferry where we continued till near winter then went to Providence and continued there until he was discharged, but whether the whole Regiment went to Providence he does not recollect; he knows of no surviving
witness by whom he can prove this service, but hopes the rolls are in the war office, & he also submitted as evidence of this service in old In
strument found among the papers of Col. Lemuel Baley of Tiverton, dec?
He in the year 1781 being enrolled in the Militia in said Tiverton and frequent drafts being made from said Militia to the one of the war or so long as it was necessary to guard Newport and
Rhode Island, was drafted and served two tours, one under Capt Peleg Simmons, and one under Lieutenant Wilder, he thinks and
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was stationed at the town of Newport; he was also on two of these tours stationed on Brenton's Point, one tour under Capt Perrigo
and one under Capt Joseph Bailey, he thinks, he also served several more tours on Brentons Point, but under what officers does not now recollect, nor what number of tours; said tours
according to the best of his recollection were for a month at a time and some of them he was drafted and some a substitute for other
he recollects on one of these tours he was a substitute for Abner Crandell of said Tiverton and on one other he was a Substitute for a man he did not know at the time as he did not belong to Tiverton And he [ ]  that he drew pay for all his services And the said Abner Simmons Solemnly declares that all of the aforegoing services he faithfully performed as a private
soldier in the war of the Revolution - And said Simmons further declares that he was born at said Tiverton on the 22nd day of September 1762; that he resides in said Town at the time be entered into the aforesaid services, and that he ever resided in said Town; that a record of his age is in the Town Clerks office in said Tiverton; that he never received a written discharge from any of his said services
that he can recollect, but was verbally discharged by his commanding officer at the time; that there is no Clergyman residing in [ ]
it but he refers Charles Durfee Esq. and to Ichabod Simmons Genl. who are his neighbours and residents of said Tiverton, who will testify
to his character for [ ], and their belief that he was a soldier of the Revolution; and to the accompanying Depositions and ancient Instrument aforenamed
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
Asa Gray Clerk
Abner Simmons
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The Charles Dury Esq residing in the Town of Tiverton in the County of Newport & State of Rhode Island and Ichabod Simmons residing in the same Town of Tiverton, hereby certify, that we are well acquainted with Abner Simmons who has subscribed the and sworn to the within & foregoing declaration; that we believe
him to be Seventy 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 to and subscribed the day & year aforesaid
Asa Gray Clerk
Charles Durfee
Ichabod Simmons

And the said Court do hereby declare their opinion after the investigation of the matter, and after pulling the Interrogatories prescribed by the War Department, that the above & within named Applicant was a Revolutionary soldier and served as he states. To the Court further certifies that Charles Dury Esq. who has signed the preceeding certificate is a resident
in the said Town of Tiverton, and that Ichabod Simmons Genl who has also signed the same is a resident in the same Tiverton and are credible persons and that their statement is entitled
to credit

I Asa Gray Clerk of the Court of Probate of the Town of Tiverton in the County of Newport & State of Rhode Island & a Court of Record do hereby certify that the foregoing contains the original proceedings of the said Court, in the
matter of the application of Abner Simmons Esq. of said Tiverton for a Pension
In testimony whereof I have hereunto
set my hand and seal of Office this twenty second day of September in the year of our Lord one thousand Eight hundred
and thirty two - And of American
Independence the fifty seven
Asa Gray Clerk of Court of Probate
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State of Rhode Island & Newport County
Town Clerks Office Tiverton September 21st 1832
I hereby certify that Abner Simmons, son of Thomas Simmons & Martha Simmons his wife was born on the twenty second day of September 1762 as appears
of Record in this Office-
Attest Asa Gray Town Clerk
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We the Subscribers, now of Westport in the County of Bristol and State Masachusetts, do hereby certify that we are well aquained with Abner Simmons of Tiverton, in the County of Newport & State of Rhode Island, and are knowing to his being a Revolutionary
soldier for one year to year begining March or April 1778 in the Rhode lsland State Troops so called, and served in Capt. Phillip Palmer Company of Infantry in Col. Archabald Crarys Regiment, and that we served in the same Company & Regiment with him said year
Signed in presents of
Sylvester Gifford
Edward Manchester
Barzillah Manchester his mark
-
State of Rhode island
County of Newport
Be it known, That on the 27 day of August 1832
Before the Subscriber, a Justice of the Peace in & for said County personally appeared the above named Edward Manchester and Brazilah Manchester and made oath to the Truth of the above Certificate by them Subscribed. And do hereby certifythat the Deponents are credible Persons & that their statement is entitled to credit.
before me-- Sylvester Gifford Justice Peace
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I Ichabod Simmons of Tiverton, County of Newport, State of Rhode Island aged 71 years, Do testify and say that I am well acquainted with Abner Simmons of Tiverton County and State aforesaid, and am knowing that he was A
Revolutionary Soldier, that he was on Rhode Island in Gen Sultan expedition in the State troops, and often saw and conversed with him there - and I at that time belonged to Col Henry Sherburns Regt of Continental troops so called
Also in the year 1759 there was a Regt of
Malitia Stationed at Newport Drafted for a month at a time, and I often saw and conversed with him there, but the company officers I cannot recolect and I served in the company commanded by Capt Hen & CaptJoseph Naley three months that year. Also previous to the late act of Congress I have often heard him say that he served there the most part of that season for himself & others
Ichabod Simmons
State of Rhode Island
County of Newport
Be it known, That on the 22d day of September 1832 Before the Subscriber a Justice of the Peace in and for said County personally appeared the above named Ichabod Simmons and made oath to the truth of the above statement by him subscribed. And I do hereby certify that the Deponent is a credible person

Charles Durfee Justice
of the Peace
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Abraham Manchester A. [ ]
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I Abraham Manchester of Tiverton in the County
of Newport & State of Rhode Island aged 71 years do hereby testify and say, that I am well aquainted with Abner Simmons of Tiverton, County & State abovesaid, and am knowing to said Abner Simmonsbeing a Revolutionary Soldier in the Malitia under Capt. Isaac Cook & Lieutenant Phillip Cory, in the fall of the year 1779 according to the best of my recolection stationed at Gideon [ ] there on the Tiverton
on the Eastern borders of the Narragansett Bay, I was with said Simmons at said time & place but how long he or I served that time, I do not now recolect
-
Abraham Manchester,
State of Rhode Island
County of Newport
Be it known, That on the 22 day of September 1832 Before the Subscriber, a Justice of the Peace in and for said County, personally appeared the above named Abraham Manchester and made oath to the truth of the above statement by him Subscribed. And I do hereby certify that these deponent is a credible Person
Charles Durfee Justice
of the Peace
Page 15

I David Lake of Tiverton, County of Newport & State of Rhode Island aged 71 years, do hereby testify & say that I am well acquainted with Abner Simmons of Tiverton County & State abovesaid & am knowing to his being a Revo-
lutionary soldier in the Malitia for said Simmons & myself were together one tour I belirve the town was one month. in the spring or first of the summer of the year 1781 we were stationed at Brenton's Point, Rhode Island, but the
names of the Captain + Colonel we were under I
do not now recolect 
David Lake
State of Rhode Island
County of Newport
Be it known, That on the 22 day of September 1832 Before the Subscriber, a Justice of the Peace in & for said County personally appeared the above named David Lake and made oath to the truth of the above Statement by him subscribed. And I do hereby Certify that the Deponent is a credible person.
Charles Durfee Justice
of the Peace
Page 16

We the subscriber do hereby solemnly engage, and Inlist ourselves, as soldiers, in the Battalions of the State of Rhode Island & Providence Plantations in the service of the United States of America; in whose service & say we promise to continue from this day untill the first day of January nextunless sooner discharged by the General Congress of the aforesaid States. And we also promise to
submit to all the order, & Regulations of the Army of the said States, and faithfully to observe & obey all such orders as we shall from time to time receive from our officers-
Tiverton [ ] July
Ebenzer Cory his mark
Richard Cook
John Albant
Sarah W Chart
John Smith
his mark Sherman
John Larson his mark
Daniel Sharp his mark
15 July
Abner Simmons
John Covel
Thomas Hart
Edward Fitzgerald his mark
Daniel Bennet his mark
Cary Pitman
Pann Mouth his mark
Elijah Slocom
William Peppril his mark
Giles Lake his mark
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[ ], and found fit for service the within named
Abner Simmons, John Covil, Thomas Hart, Edward Fitzgerald, Daniel Bennett, Cary Pitman, Ebenezer Corey, Pann Mouth, Elijah Slocum, William Peperill, Giles Lake, Tobey Coyes, Richard Cooke, John Albert, Sanford Hart, John Smith, William Shearman, John Laron, & Daniel Sharp, this 18th day of July
[ ]
Abner Simmons
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1853
Revo
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Declaration
In order to obtain the benefit of the 2nd Section of the act of Congress of the 3rd February 1853
State of Rhode Island
County of Newport

On this first day of August A.D. 1853.
personally appeared before the Court of Probate of the town of Tiverton in the County of Newport and State aforesaid, a Court ofRecord, now sitting, Abigail Simmons a resident of Tiverton in the County of Newport and State of Rhode Island aged Sixty five years, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3d February, 1853 granting pensions to widows of persons who served during the Revolutionary War; That she is the widow of Abner Simmons, late of said Tiverton, who was a private soldier in the
Army in the war of the Revolution, and a pensioner of the United States under the Act of Congress of June 7th 1832 on the Roll of the Rhode Island Agency at the rate of
Eighty dollars per annum, for the services of said Abner Simmons reference is made to his Declaration made in September
1832 and on file in the Department at Washington
she further declares that she was married to the said Abner Simmons on the sixteenth day of May eighteen hundred and thirty one by Jonathan King a minister of the Gospel in said Tiverton, that her said husband died on the twenty second day of October eighteen hundred and fifty one; that she was not married to him prior to the Second of January eighteen hundred, but at the time above stated. she further declares that she is now a widow
her mark
Abigail Simmons
Page 20

Sworn to and subscribed the day and year before written before and in open Court aforesaid, and the said Court do certify that said Abigail Simmons is known to them to be the widow of said Abner Simmons, and to be a credible person.
In testimony whereof I Asa Gray Clerk of said Court have, by order and in behalf of said Court, hereto set my hand and affixed the Seal of said Court this first day
of August A.D. 1853 
Asa Gray
Clerk
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142.076
Act March 21
May 21 57
Abigial Simmons
widow of Abner Simmons Prvt
[ ]
R. I. State Troops
Revolutionary War
Pension Act Feby 2. 1853
R [ ] 53-2538
AD: 160 [ ] Mch: 1/56
Boynton 
Otis Wilbor
Little Compton
Rhode Island
Vol [ ] page 112,
Nat 7883 of New 6/56
Page 22

I hereby certify that Abner Simmons Esqr
of Tiverton, Son of Thomas Simmons of Tiverton, and Mrs Abigail Baley of Tiverton, Daughter of Mr Robert Baley of Tiverton were Lawfully joined togather in Marriage on the 16th Day of May 1831 by me the Subscriber Jonathan King
Pastor of the Church of
Christian Tiverton
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Certificate of Marriage Abner Simmons & Abilgail Baley

Received and recorded this 16th day of
May 1832 in Book of Marriage an [ ] No 3 in page 23 in Tiverton
By me, Asa Gray Town Clerk
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State of Rhode-Island &c ⎬ S.S
County of Newport
-
On this Third day of May A.D. 1855, before me the undersigned a Justice of the Peace authorized by Law to administer Oaths, within.
and for the County and State aforesaid personally appeared Isaiah Snell, and Mary S. Wilber, Residents of Little Compton, County of Newport, in the State of Rhode Island, &, known to me as credible Persons, who made Oath in due form of law, that Abigail Simmons, who in
their presence, has, sworn and subscribed to the foregoing declaration is to their personal knowledge the identical Person, to whom under the provisions, of the Act of February 3, 1853, a Pension of Eighty Dollars per Annum, has, been granted for the Services, of her late Husband Abner Simmons, deceased who was a Private in the Revolutionary War
That since being placed on the Roll of Pensioners, she the said Abigail Simmons, has not intermarried but remains, and now is, a Widow that they have known her for Thirty years, and derive their knowledge
of the facts, herein named, from having lived within a short distance of the said Abigail Simmons, on the Bordersof the same Town, during the above named period,
They further state that they are disinterested witness

Isaiah Snell
Mary S Wilbor
Sworn to and subscribed before me the day
year above written
Otis Wilbor Justice of the Peace
State of Rhode Island & Providence Plantations
County of Newport

I hereby certify that Otis Wilbor Esq.
before whom the foregoing declarations, power of Attorney, and affidavits were made and acknowledged and who has there[]
subscribed his name was at the time of so doing an authorised justice of the Peace in and for the County aforesaid, and that his signature thereto is genuine. I further certify that in
the within application I am not interested as Agent Attorney or otherwise
In testimony whereof I have hereunto set my hand and affixed the seal of of the Court for the County aforesaid, this seventeenth day of May 1855
Wm Ten Tilley Clerk of Court of Common Pleas
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142.076
State of Rhode Island ⎬
County of Newport S.S.
On this Third day of May
A.D. 1855, before me, the undersigned a Justice of the Peace duly authorized by Law to administer Oaths, within and for the County and State aforesaid, personally appeared Abigail Simmons, aged Sixty Six years, a resident
of Tiverton, in the County of Newport, in the State of Rhode Island &c. who made oath in due form of Law that she is the identical Abigail Simmons, to whom under the provisions of the Act of February 3, 1853, a Pension of Eighty Dollars per Annum has been allowed for the services of her late Husband Abner Simmons, who was a Private in the Revolutionary War, and late of the Town of Tiverton, County of Newport, and State of Rhode-Island &c
She further states that her Pension
Certificate under the aforesaid Act of February 3, 1853, is, Numbered 2538, but bears date the Twentieth day of October, 1853, and is made payable at the Pension Agency in Providence, State of Rhode Island &c
she makes this declaration for the purpose of obtaining the Bounty Land to which she may be entitled under the Act of 3d March, 1855, never having received or known herself entitled or made application under any previous, Act of Congress.-- In evidence of her of Marriage and Proof of Service of her said Husband
she respectfully refers, to the proofs heretofore adduced now on file in the Pension Office, and upon which her Annuity as aforesaid was granted
---
That since being placed on the list of Revolution
ary Pensioners, she has not intermarried but continues the widows of the said Abner Simmons,
Abigail Simmons,
Attest, Isaiah Snell
Mary S. Wilber
Sworn to subscribed and acknowledged before me the day and year above written and I hereby certify that I know the a foresaid Abigail Simmons, to
be the identical person she alleges herself, to be a Pensioner of the United States, and at the date of the execution of this Declaration, a widow,-- and that I am not interested in her claim as Agent, Attorney, or otherwise
---
Otis Wilbor Justice of the Peace
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No. 13358
Abner Simmons
Private 2 years
506
Jany 19 1833
P-207
Asa Gray Esq
Tiverton R.I.
Page 27

BRIEF in the case of Abner Simmons of the County of Newport
in the State of R. Island
(Act 7th 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?
3. How old is he? 70 years
4. State his service, as directed in the form annexed.
Period.
In 1778
79
80 July 1.
from " 81 to the end of the war
Duration of Service.
Years Months Days.
1 - -
- 1 -
- 6- 
- 5 -


3. In what battles was he engaged? None
Rank.
As a
Private
" 
"
drafted

Names of General and Field Officers
under whom he served.
Gen.
Col. Crary, Capt. Palmer
Capt. Cook, Lieut Cory
Col. Green, Capt. Holt
Capt Simmons, Perrigo, Bailey

5. In what battles was he engaged? none
6. Where did he reside when he entered the service? Tiverton
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Deposition & Document
8. Are the papers defective as to form or authentication? and if so, in what respect?
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt
Examining Clerk.
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Rev. & 1812 Ware Section
December 8, 1926

Harry P. Lodge
4733 Sheridan Road
Chicago, Ill.
Sir:
I have to advise you that from the papers in the Revolutionary War pension claim W. 4801 it appears that Abner Simmons, son of Thomas Simmons and his wife Martha, was born
September 22, 1762 in Tiverton, Newport County, Rhode Island.
While a resident of Tiverton, Rhode Island he enlisted in March or April 1778, served one year as a private in Captain Philip Palmer's Company, Colonel Archibald Crary's Rhode Island Regiment, was in General Sullivan's Rhode Island Expedition and was in a battle at Quaker Hill, Rhode Island. He also served one month in the fall of 1779 in Captain Isaac Cook's
Rhode Island Company.
He enlisted July 1, 1780 and served six months as a private in Captain Holt's Company, Colonel Greene's Rhode Island Regiment.
He enlisted in the spring of 1781, and during that year served one month in Captain Peleg Simmons' Company, one month in Lieutenant Wilcox' Company, one month in Captain Perrigo's
Page 29

Company, one month in Captain Joseph Bailey's Company and a tour of one month at Brenton's Point, officers not named, all in the Rhode Island Troops.
He was allowed pension on his application executed September 22, 1832 while a resident of Tiverton, Rhode Island, where he had always lived. He died October 22, 1851 in said Tiverton.
Soldier married May 16, 1831 in Tiverton, Rhode Island, Abigail Baley, daughter of Robert Baley of Tiverton, Rhode Island. She was allowed pension on her application executed August 1, 1853 while a resident of Tiverton, Rhode Island
aged sixty-five years. There is no further data on file as to family.
Respectfully,
WINFIELD SCOTT
Commissioner.
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1926 - Dec 8 Hist to Harry P Dodge [ ]
Revy
WIDOW, &c.
---
File No. 4801

Abigail Simmons
Widow
Abner Simmons
Pvt Rev. War
---
Act: Feby. 3, 753
Index: -- Vol. M, Page 214
[Arrangement of 1870.]
Page 31

[ ] 175
[ ]
Page 32

[ ] and formerly was the town of Pownalborough Me; should certify a to whether James Good, was a resident of that town during the Revolutionary war, & if so, whether the records of the town show any other person of that name a resident thereof. The widow of James Good, should furnish the Evidence of age
Page 33

Pension Office
14 Oct. 1853.
Ser. Please certify the time to which the within named pension was paid, or the date of his death,
Very Respectfully,
L P Waldo
Commissioner,
Abner Simmons
Oct 1832 $80.00 p annum,
Died 22d October 1851, Paid
to his death
F Burt
Auditor
Francis Burt Esqr
The [ ]
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17883
[ ]
Page 35

Tiverton February 4, 1833
Sir enclosed are the papers of Abner Simmons
which I trust are now correct-
There are in the Poor house in this Town two Paupers who performed services in the militia in the war of the Revolution - One of them is insane, though he will some times give a tolerably regular account of his services yet
he is not a person to whom it is suitable to administer an oath.
If you have any regulations for such cases, please to enclose them to me with the Certificate of Mr. Simmons. I feel reluctant to trouble you with this request, knowing
that your time is already sufficiently burthened, but thought it might occasion less trouble than for the papers to be sent on wrong
Yours Respectfully
Asa Gray
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[blank]
Page 37


Chicago, Illinois
October 5, 1926
Commissioner of Pensions
Washington D.C.
Dear Sir
I shall appreciate it very much if you can give me any more information
on the following-
Abner Simmons, private, Newport County
all $80 rec $ - R.I. Court. Nine p. Apr. 9. 1833
com. March 4. 1831 - age 72
Reference Vital Records of R.I. 1636-1850
Vol. 12. Page 359 by [ ]
Pension Roll of 1835.
Thanking you in advance. I am
Yours respectfully.
Harry P. Dodge
4733 Sheridan Road
Chicago, Illinois
Pension office U.S.  Oct 11 1926
Page 38

Brief in the case of Abigail Simmons, Widow of Abner
Newport of County and State of R. I. 
act 3 Feby. 1853
Claim, (original, or for increase)
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
[ ] was a pensioner under the
7th June 1832
Record evidence of Marriage
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Asa
Gray Esqr
Tiverton,
Name and residence of Agent
Newport R.I.
J.C. Boynton
Examining Clerk
Page 39

Tiverton Sept 30. 1853
Sir,
In putting up the Declaration of Abigail
Simmons Widow of Abner Simmons, it was intended to put in the original Certificate of their marriage but it was left out by mistake. I have now inclosed it as proof of the marriage.
Very Respectfully
Asa Gray
Claim received Sept 10th 53
Adams
Page 40

No 13668
Abner Simmons
Asa Gray Esq
Tiverton R.I.
Page 41

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Abner Simmons 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?
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 amout of pension he is entitled? yes in some and no in some cases from 1780
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
Page 42

2
XI. 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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain ing 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?
XIV. If the applicant has 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
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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 affadavit 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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3
It is important in all cases to determine with precision the period for which the 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 XIV. 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 be 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.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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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Supplementary Declaration
In order to obtain the benefit of the act of Congress passed June 7th 1832.
By Abner Simmons
State of Rhode Island
Newport County [ ]. at Tiverton in said County on the fourth day of February AD 1833
Personally appeared before me the undersigned a Justice of the Peace for the Town of Tiverton and County of Newport, Abner Simmons a resident of Tiverton in the County and State aforesaid, aged Seventy years 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 in the year 1781 but according to the best of his recollection he served not less than the periods mentioned below and in all as a private soldier for one month I served under Capt. Peleg Simmons
for one month I served under Lieut William for
one month under Capt Perigo. for one month under Capt J. Bailey and for not less than one month under Officers whose names I do not recollect- making in the whole not less than five months, all of these services performed in the militia in the war of the Revolution
at Newport and Brentons Point, - I further declare that in my service commencing in the year 1778 I served one year, that in 1779 I served in the militia not less than one month, that in 1780 I served six months, making
in the whole not less than twenty four months that I served as a private soldier in the war of the Revolution, and for such service I claim a pension
Sworn to and Subscribed the day and year above said
Abner Simmons
Before me, Wm Coggeshall Jus Peace
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The State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate of the Town of Tiverton in the County of Newport and State aforesaid
I Asa Gray Clerk of said Court do hereby certify that [ ] William Coggeshall is a Justice of the Peace for the Town of Tiverton in the County of Newport and State aforesaid, duly commissioned under the Seal of said State
engaged thereon according to law and duly qualified to act in his said capacity, and I do further certify that the signature of his name to the within Affidavit is in his hand writing -
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at said Tiverton, this fourth day of February in the year
of Our Lord one thousand eight hundred and thirty three, and of American Independence the fifty seventh
Asa Gray Clerk of Court of Probate
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