Revolutionary War Pension and Bounty Land Warrant Application File W. 2114, John Howard, R.I.
Page 1

(3 - 1776) SERVICE R.I. Howard, John Mary 140 W 2114 John Mary NUMBER W.2114. B.L. Wt. 6026-160-55-
Page 2

21.985  Rhode Island John Howard late of Warwick in the State of Rhode Island who was a private in the Comp commanded by Captain Hamnett of the Regt. commanded by Col Stanton in the New Hamp line for 2 years-- Certificate issued in favor of his widow Mary Howard Claimant died 29th January 1833 Inscribed on the Roll of Rhode Island the rate of 80 Dollars 00 Cents per annum, commence on the 4th day of March, 1831. Certificate of Pension issued the 10th day of Dec. 1833 and seal to Hon. D.J. Pearce Ho. of Repes Arrears to the 4th of Sep. '32 $120 allowance ending 29. Sep. '33 1608 $3608 book G Revolutionary Claim, June 7, 1832. Recorded by Geo C Stiles Book E Vol. 2. Page 112
Page 3

41172 Act mar 3/35 Rec Apr 5/55
Mary Howard Wisoe of John Howard, Private
Capt Hammett, Col Topham, R.I. Contl Line War of the Revolution US Pensioner 
Ad: 160 [illegible] Sept 5/55
Boynton, Benja Cowell Providence R.I.

Art No 6026 ifs Sept 10/55 Razi

RI [illegible] 53 no 806

Vol. H2-48.
Page 4

1856 Aug. 14, To B.F. Remage
806
Rhode Island
Mary Howard
widow of John Howard
who served in the Revolutionary war, as a private RJ Line
Inscribed on the Roll at the rate of
80 Dollars 00
cents per annum, to commence on 
_3 February 1853
certificate of Pension issued the
 27th day of June 1853
sent to 
B. Cowell
Providence R I
Recorded on Roll of Pensioners under 
act 3rd Feb. 1853
Page 51 Vol. A
Page 5

26979
John Howard
Mary Howard 
widow
5 of
Private 2 years
Aon__
Certificate to be delivered in favor of Mary Howard Widow of the claimant who died on the 29th January 1833
D.J. Peace
(George A Brayton Warwick RI is crossed out)
Page 6

WAR DEPARTMENT
PENSION OFFICE 
Nov. 4, 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 a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, sent this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the Service of John Howard
period when the service was rendered.
 1775 to December 1776  Private
Age at present 71
1776 15 months Private {Capt. Hammet
                                        {Col. Stanton)
1778 1 year Private {Capt. Hoppin)
                                { Col. Topham
1779 4 months Private

The claimant should specify each particular tour of Active Service. The length of each particular tour and the names of all the officers under which he served, and state where he was stationed.
I am, respectfully, 
Your obedient servant, 
J.L. Edwards,
Commissioner of Pensions.
Page 7

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, Boatment, &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 of (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 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 officer: [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the 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 wehreof, 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 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, 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
Page 8

3
alleged service, as they are known at the Department. A very full account of the services of each person 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 propund the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that 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 Colurt, without too much expense and inconvenience to him, two respectable persons - on 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 on of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of the 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 inquiry 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 decaration herein required is made, the parties interested will tranmit 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 neigborhood 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 mention. [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 reasong 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." 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] The Clerk must give his certificate in every case. [i] 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 require to set forth in their affidavits the time of the claimant's 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 wintesses, 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] applied 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.
Page 9

John Howard
Page 10

State of Rhode Island
Court of Common Pleas August Term 1832

On this 29th day of August A.D. 1832, personally appeared in open court before the Justices of the Court of Common Pleas in and for the county of Kent now sitting John Howard a resident of Warwick in the county of Kent and State of Rhode Island and aged seventy one years who being 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 7th 1832 
That he was born in Warwick  in A.D. 1760, but cannot now state the day or month that he knows of no record of his age
That he served in the militia of the town of Warwick at different time and a period of one month from the beginning of the war late December 1776 as a volunteer
That in the month of December 1776 he enlisted in a company under the following named officers, Malachi Hammett, Capt., James Miller, Lieut. , and John Miller Ensign in the regiment commanded by Col. _____ as the _____ of the state for the term of fifteen months and served out said term at Warwick and _____ and was  _____ said term as officers _____
Page 11

that immediately at the expiration of said time he again enlisted in March 1778 for the term of one year in Capt. Benjamin Foppis Company in the regiment commanded by Col. John Topham that James Miller was a Lieutenant in said company that he served out said term of twelve months and was during said time _____ expedition in Rhode Island
That after the expiration of said term of twelve months what was about the sixteenth of March 1779, he returned to the Militia service and served in the Militia from ____being _____ and that he served in the _____after his service as an enlisted soldier at least four month under different Captains
and he further declares that he never received any written discharge and he hereby relinquishes every claim whatever to a pension or annuity at the present and declares that his name is not on the pension role of the agency of any state
John (his mark) Howard
Page 12

I James Miller, of East Greenwich in the County of (page is folded over) as oath depose and say that John Howard of Warwick is (page folded over) county of Kent on the 27th day of January AD 1777 was a private (page folded over) Capt. Malachi Hammett company in the regiment commanded by Col. Joseph Stanton when I entered said company as a lieutenant, and entered in the service from that time until the sixteenth of March AD 1778, said regiment was raised by the State of Rhode Island that on the sixteenth of March AD 1778 enlisted said Howard as a private in the company to which _____ longer commanded by Capt. Benjamin Foppis in the regiment commanded by Col. John Topham for the term of one year that said Howard served out said term of one year and was discharged on the sixteenth day of March AD 1779 that I was a Lieutenant in said Foppis company and that said said regiment was raised by the State
 7"                                James Miller
Kent County  Court of Common Pleas August Term AD 1832
Sworn to in open court the seventh day of the term
Witness  John Brown, Clk 

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
James Miller
who has signed the preceding certificate is a resident in the Town of East Greenwich in our county and credible person and that his statement is entitled to credit.  
I, JOHN BROWN, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Howard for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this eight day of September in the year 1832
John Brown
Page 13

We Thomas Manchester a clergyman residing in West Greenwich but taken a residence in said Warwick
and John W Tibbitt residing in said Warwick herby certify that we were well acquainted with John Howard, who subscribed and swore to the above declaration, in his life time that we believe him to have been at the time of his death Seventy two years of age that he was reported and believed in the neighborhood where he resided to have been a soldier of the revolution that we concur in that opinion 
Thos Manchester
John W. Tibbitts
Subscribed and Sorn to in open Court June 10th 1833
___Charles Brayton Probate Clerk
Page 14

4b.b?e

Mary Howard
Page 15

State of Rhode Island, xc.
County of Kent, Ls
On this 21st day of March A.D. One Thousand Eight Hundred and Fifty-five, personally appeared before me, Silas Weaver a Justice of the Peace within and for the County aforesaid, Mary Howard aged 80 years, now resident in the Town of Warwick in said County, who being duly sworn according to law, declares and says she is the widow of John Howard deceased who was a private in Capt. name not recollected company, and in a Regiment commanded by Col. name not recollected in the war of the Revolution, and that her said husband was in actual service more than twenty four months in said war, and was honorably discharged. And she further declares that she was married to the said John Howard on the fourth day of May A.D. 1828 by Christopher Spencer a Justice of the Peace and that her name before marriage was Mary Gorton and that her said husband died on the 29th day of January A.D. 1833 and that she is now a widow.
And she further declares that she is now a Pensioner of the United States at the rate of $80 per annum; which pension was granted her on account of her said husband's services in said war; which pension is payable at the Agency for paying pensions in the City of Providence. And she further declares that when she made a declaration to obtain her said pension she produced satisfactory evidence of her said marriage to her said husband and of his death, to which declaration and the evidence therewith filed, she now refers for proof of her said marriage, of her said husband's death, and her claim to Bounty Land under the Act of Congress of March 3rd, 1855, and she makes this declaration for that purpose. She further declares that she has never made any application for Bounty Land before the present. 
Mary (her mark) Howard
Witness Silas Weaver

We Benjamin Budlong and Joseph W. Gardner, residents of Warwick in said State of Rhode Island, upon oath declare that the foregoing declaration was signed and acknowledged by Mary Howard in our presence, and that we believe, from appearance and Statements of the applicant that she is the identical person she represents herself to be.
Benjamin Budlong
Joseph W. Gardner
Page 16

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I further certify that I know the affiants to be credible persons; that claimant is the person she represents herself to be, and that I have no interest in this claim.
Silas Weaver, Justice of the Peace.
State of Rhode Island and Providence Plantation  East Greenwich March 27th 1855
Kent Sc
I John C. Brown Clerk of the Court of Common Pleas in and for said County of Kent do hereby certify that Silas Weaver whose name is affixed to the foregoing instrument of writing was at the time of giving the same an acting Justice of the Peace in and for the County of Kent aforesaid fully Commissioned and qualified and to whose official acts as such full faith and credit are due.
Witness my hand and the seal of s East Greenwich this Twenty seventh day of March A.D. 1855
John C. Brown, Clerk
Page 17

Mary Howard
Page 18

State of Rhode Island
County of Providence
On this 22nd day of March 1853 personally appears before the Municipal Court of the City of Providence in said County and State Mary Howard of Warwick in the County of Kent in said state, aged 82 years, who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the Act of Congress passed the 3rd day of (smudged) 1853 granting pensions to (smudge) of the officers and soldiers of the Revolution married since the year Eighteen Hundred six.
That she is the widow of John Howard late of said Warwick, deceased, who was a soldier of the Revolution and when the Act of June 7, 1832 was passed she said John applied for and obtained a pension under the provisions of said act at the rate of $80 per annum payable at the Agency for paying pensions in the City of Providence which pensioner received up to the time of his death, and she further declares that she was married to the said John Howard on the (smudge)th day of May AD 1828
Page 19

She was married by Christopher Spencer Esq and the certificate of her marriage is _____annexed and she further declares that her husband the said John Howard departed this life on the 29th of January AD 1833 and she further declares that all the arrears of pension were paid to her as his widow, he having died before receiving it, other than this she never applied for any pension that she was married at the time. she states that she was a widow at the ____ of the above Act of February 3, 1853 and is still a widow and is entitled to the same pension allowed her husband
Witness Thomas C Swiggs
Mary (her mark) Howard

In Municipal Court of the City of Providence
March 22nd 1853

Subscribed and sworn to  by Mary Howard , in open Court
Albert G. Greene, Clerk
Page 20

She was married by Christopher Spencer Esq and the certificate of her marriage is _____annexed and she further declares that her husband the said John Howard departed this life on the 29th of January AD 1833 and she further declares that all the arrears of pension were paid to her as his widow, he having died before receiving it. Other than this she never applied for any pension that she was married at the time shown above that she was a widow at the _____
(paper overlapping)
State of Rhode Island
Kent I hereby certify that John Howard and Mary Gorton, both of Warwick, were joined together in marriage agreeably to the laws of this State by me.
Christopher Spence Justice Peace
Warwick May 4, 1828
Page 21

I Stukeley Wood of Warwick in the County of Kent and State of Rhode Island aged 78 years on oath do testify that I was well acquainted with John Howard late of said Warwick deceased. He was the husband of Mary Howard now present in 
Court, and now his widow said John Howard died in January 1833. I was present when he died and attended his funeral afterwards _____ the said Mary to obtain the arrears of pension due said John at the time he died. Since his death the said Mary Howard has remained his widow and is now his widow. She is a neighbor to me in said Warwick. I also testify that I have seen Christopher Spence write when he was President of the Town Council and I believe the Certificate of marriage provided by said Mary is in his own hand writing.
Stukeley Wood
In Municipal Court of the City of Providence
March 29th, 1853
Subscribed to and sworn to by Stukeley Wood in open Court.
Albert G. Greene,
Clerk
Page 22

Clerks' Office of the Municipal Court of the City of Providence.
I Albert G. Greene, Clerk of said Court do hereby certify, that the preceding is the original declaration of Mary Howard made in said Court, in the matter of her claim for a pension, and of the proceedings of said Court therein. I also certify that said Court ordered it to be certified that Stukley Wood, whose affidavit is hereto annexed, is a credible witness.
The testimony whereof I have hereunto set my hand and have offered the seal of said Court, this twenty second day of March AD one thousand eight hundred and fifty three.
Albert G. Greene
Clerk
Page 23

Rev War
WIDOW, &c.
File No. 2114
Mary Howard
Widow
John Howard
Priv. Rev. War
Act. Feb.3 1853
Vol. A  Page 841
[Arrangement of 1870.]
Page 24

No. 46672
ACT OF MARCH 3, 1855
Received Apr. 5, 1855
John Howard
Rev. War
Warrant No. 6026-160-55
Benj. Cowell
Provisioner
R.I.
Page 25

6026



160 A______
Page 26

BLANK PAGE
Page 27

April 23, 1855
No 1159
Appl of Mary
Howard widow of
John Howard
R Island
21985
Act 3rd February 1853
Rev:
Admitted $80 per annum
Commencing 3rd February 1853
Benj. Cowell
Providence
R.I.


(Along the side is the following)

DEPARTMENT OF THE INTERIOR,
Pension Office, Official Business
Page 28

Revy Feby 3d, 1853 Boynton
Page 29

Hon. J L Edwards
Commissioner of Pensions
Page 30

R I  Warwick  Nov. 14, 1833
Hon. J. L. Edwards
Sir
I herewith enclose to you the papers in relation to what has now become the application of Mary Howard, and in regard to which I am led to suppose there has been some misapprehension on the part of the department. John Howard, the original declarant and for whose services the pension is now claimed made his declaration in August 1832 before the ___ ___ Court as you will perceive by the papers but before they were forwarded to the department he died and therefore Mary Howard, the widow became entitled to whatever sum may be found to have been due to John Howard at the time of his death. She therefore forwarded the evidence of the death of her husband and her being the widow, which accompanies J L papers as well as the ____ and certificate of the Court of Probate of the town of Warwick, therefore John
Page 31

Howard died as you will perceive by the ____accompanying the papers on the 29th of January 1833. She has stated discretely in her declaration fifteen months service as a  ___ ___ soldier commencing in December 1776 and ending on the 16th of March 1778 and a further service of 12 months commencing on the 16th March 1778 and ending on the 16th March 1779 which several periods of service and also proved by James Miller an officer in the company in which he served. She also stated the officers under whom he served. I believe ___department must be fully satisfied from the papers that John Howard served at least two years. But show the department your mature consideration  still think (and I flatter myself well met) that an endorsement in the mode mentioned in testament forwarded me, ___. I do not perceive how the objects can be obviated. John Howard being no longer in existence cannot amend the declaration and his widow cannot be supposed to be sufficiently conversed with the fact to supply any
Page 32

deficiencies in it. The department will therefore at once perceive that this  is a peculiar case and ___ ___ ___ down other cases would deprive the present applicant of all benefit from the Act of Congress while there was abundant evidence of his being entitled. She claims the arrears of pension due her husband at the time of his death was at a rate of 80 dollars per year commencing on the 4th of March 1831 to the 29th of January 1833 amounting to $152 and I trust the department will under the circumstances acknowledge the justice of her claim. But afterward I beg the department will suggest the mode in which the amendment may be made.
I remain very respectfully your obedient servant
Geo A Brayton
Page 33

Howard
Page 34

Brief in the case of Mrs. Mary Howard, widow of John Howard, Providence county, and state of Rhode Island.
act 3rd February 1853
CLAIM,("original")
PROOF EXHIBITED, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner under the Act of 7th June 1832-pension received by his widow (the present claimant) from 4th March 1831 to January 29th 1833- the date of his death.
Marriage proven by hard testimony- certified the credible
(If for Increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
Benjamin Cowell Esq
Providence, R.I.
R Geddes
Examining Clerk.
Page 35

Providence April 21,1853
Sir
I herewith enclose the applications of Mary Knight widow of Samuel Knight and Mary Howard widow of John Howard under the second section of the Act of Feb. 3, 1853 granting pensions to the widows of these officers and soldiers of the Revolution married since January 1800. As the above section does not specify the time when the pensions under said Act are to begin, nor has it been decided by the Department as I understand. I take the liberty to say that according to the view I have taken, they ought to begin March 4, 1848. The 2nd section of the above Act of Feb. 3, 1853 provides that all widows married subsequent to January 1800 shall be entitled to pensions in the "same manner" as those who were married before that date. This has reference, no doubt, to the Act of July 29, 1848 which provides for all widows married before the year 1800, and it  was so understood by ____. The Act of July 29 provides for widows married before 1800 and the Act of Feb. 3rd for widows married after that date. This later
Page 36

Act seems but a continuation of the former or supplemental to it and if so it was undoubtedly, the intention of Congress that both Acts should be continued together and pensions made to begin at the same time  and the language of the latter Act - "in the same manner" implies that intention for it is broad enough to cover such a construction and it is a well settled principle of law that all Legislative Acts conferring grants are to be construed liberally and most strongly against the grantors. 
Expecting that such _____ ____then construction given.
I am very respectfully your obedient servant.
Benja Cowell
Page 37

John Howard
26.979







George A Brayton
Warwick
R.I.
Page 38

State of Rhode Island
County of Kent
On this 10th day of June AD 1888 personally appeared in open court before the Court of Probate of the town of Warwick, Mary Howard widow of John Howard late of said Warwick deceased and who subscribed the foregoing declaration and made oath thereto and the said Mary being just duly sworn according to law doth on her oath make the following declaration that the said John Howard died at said Warwick on the Twenty ninth day of January AD 1833. That the said Mary is the widow of the said John Howard, she therefore claims such sum or sums of money as at the time of his death the said John Howard may have been entitled to under the Act of Congress passed June 7th 1832
Mary (her mark) Howard
Charles Brayton
Subscribed and sworn to in open court June 10th 1833
W____Charles Brayton Probate Clerk

I Rhodes Budlong of Warwick in the county of Kent on oath do pose and say that I was well acquainted with John Howard who subscribed and made oath to the a forgoing declaration in his life that i resided within one hundred rods of the residence of the said John at the time of his death that he died the twenty ninth day of January AD 1833 and that the said Mary Howard who has subscribed and sworn to the above declaration is the widow of the said John Howard deceased
Rhodes Budlong

Subscribed and sworn to in open Court June 10th 1833
_____Charles Brayton Probate Clerk
Page 39

I Stukley Wood of Warwick in the County of Kent on oath depose and say that I was well acquainted with John Howard who subscribed and made oath to the aforegoing declaration, in his life time that I was present when the said John Howard died that he died on the twenty ninth day of January AD 1833 and that Mary Howard who has sworn to and subscribed the above declaration is the widow of the said John Howard deceased.
Stukley Wood
Subscribed and Sworn to in open Court June 10th 1833
_____Charles Brayton Probate Clerk
And We, said Court of Probate do hereby declare the opinion after the investigation of the matter that John Howard the above named applicant was a revolutionary soldier and served as is his declaration he has stated and the said Court do further certify that it appears to them that there is no clergyman residing in the neighborhood in which the said John Howard resided at the time of his death that Thomas Manchester who has signed the preceding certificate is a clergyman residing in West Greenwich in this State that he was lately and for a long time resident in said Warwick and now has the pastoral care of a church therein that John W Tibbitt who has also signed the same is a resident in said town of Warwick and is a credible person and the said Court do further certify that it appears to them that the said John Howard died in said Warwick on the Twenty ninth day of January AD 1833 that Mary Howard who has subscribed and sworn to the above declaration is the widow of the said John Howard deceased that the said Stukley Wood and Rhodes Budlong who have subscribed and sworn to the preceding affidavit are credible persons. 
And I Charles Brayton Clerk of the said Court of Probate of the said Town of Warwick do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of the said Mary Howard for arrears of pension
In Testimony Whereof I have hereunto set my hand and seal of office this tenth day of June in the year 1888
Charles Brayton Probate Clerk
Page 40

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41
Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*

NAME  Howard, John
GRADE  Fife Major
LINE  Massachusetts

WARRANT NUMBER  4351
ACREAGE  100
ISSUED  Nov. 7, 1796 to _____not shown____

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.