Revolutionary War Pension and Bounty Land Warrant Application File W. 26,609, for Stephen Philips, Rhode Island
Page 1

(3–1776)
SERVICE
R. I.

Philips, Stephen
or Phillips,
Usher, Alice

NUMBER
W. 26,609

CONTENTS 
[under “Usher, Alice”]
(Former widow)
Page 2

700.
Rhode Island 
——————————————————-
Alice Usher
widow of Stephen Phillips
R I
who served in the Revolutionary 
war, as a Drummer & Drum
Major.
——————————————————-
Inscribed on the Roll at the rate of
74 Dollars ~
Cents per annum, to commence on
the 4th day of March, 1848.
———————————————————
Certificate of Pension issued the 
14. day of July 1848
and sent to 
Anson Smith
Foster 
R. I.
———————————————————
Recorded on Roll of Pensioners under act
February 2, 1848, Page 28. Vol. 3.

[right-hand page:]
Reported
Page 3

Alice Usher
No 5232
R. I
act 4 July 36 -

Lippitt reg. Blackmores Compy
for 76 — on Drums. 12 mo.
Bundles - 12.13.15-
Enlisted 26 Feby 77 - for the war
as Drummer and deserted
23 oct. 79. 
Col angal
Capt Allen

Hon. N. R. Knight
Senate U.S.
Page 4

State of Rhode Island  ~
County of Providence le [“le” indicates jurisdiction]
On the 9th day September 1840 personally 
appeared before me Job Armstrong one of the 
Justices of the Court of Common Pleas within
& for said County Alice Usher now resident
in Glocester in said County aged Eighty years 
who being duly sworn according to law
doth on her oath made the following declaration 
in order to obtain the benefit of
the acts of Congrefs of July 4 1836 & March
3d 1837.  That in the month of May AD 1779
she intermarried with Stephen Philips 
formerly of Smithfield in said County who was
at the time of his intermarriage a soldier in
the Army of the Revolution & had been from
the beginning of the war that she believes 
he usually served as drummer but she believes
he served also in other grades, that he was
at home on a furlough when she married 
him. that he served in various Companies
& regiments, that after her marriage, he
returned to the Army but she is unable
at this distant period of time to call to 
recollection his officers names she must therefore
rely on the testimony of those who served 
with him. for a more particular identification 
she has no record of her marriage, but she
well remembers it took place the year before the dark
Page 5

day & she remembers he had enlisted Just before
[insert “she married him”] and she further declares that she lived
with the said Stephen Philips as his wife
until his death which took place about October
AD 1783 she then lived a widow until she
married her last husband John Usher
of Smithfield in said County who, that her last
husband the said John Usher departed this
life August 31st AD 1837 and since that
period she has continued unmarried
all which will appear by the testimony
hereto annexed
wherefore she requests that a pension
may be granted to her according to the
provision of the acts aforesaid In reference
to first marriage, she remembers [insert “it took place”] in
Smithfield
Which Uriah Alverson Esq a Justice of the Peace
married them, but she knows of no one
now living who was present at the marriage
but Jonathan Marcy, she believes he is still 
living & there may be others but she does not know
         her
Alice X Usher
        mark
attest Job Armstrong [signature]

State of Rhode Island County of Providence
on oath this 9th day of September 1840 in person
came before me the above named Alice Usher and
made oath to the above declaration by her
subscribed and I further certify that she is too old
Page 6

and infirm to attend Court. and that her
statements are entitled to credit.
Job Armstrong [signature] Just. C.C. Pleas
Page 7

I Amaziah Weatherhead of Cumberland in the County of 
Providence in the State of Rhode Island on oath say, that
I am [insert “now”] over Eighty two years of age, that in the year 1780 I
enlisted for six months as a Sergeant in the Regiment of Rhode
Island Continental troops commanded by Col Christopher
Greene, in the company under the command of Lieutenant 
Burlingame & served out my time.
I further testify that I was well acquainted with Stephen
Phillips, a Drum Major in said Regiment; The
said Stephen belonged to Smithfield in said state. He
served Six months with me ending about the last of
November of said year. I did not myself continue
in said Regiment longer than said Six months, but 
several did continue longer & it is my imprefsion
that the said Stephen was one of them. I was also 
acquainted with sd Stephen when he was in Col Lippitts
Regiment in the year 1776. He was a Drummer in 
that Regiment also.
Amaziah Weatherhead [signature]
Page 8

State of Rhode Island.
Providence Le  I hereby certify that on this 15th
day of September A D 1840. personally appeared
before me, the afore named Amaziah Weatherhead 
& after subscribing the statement on the other side
written made oath that the facts therein contained
are true to the best of his recollection & belief: and
that the sd Weatherhead is a credible witnefs
William H Smith [signature] Justice of the Peace
Page 9

I George S Barnes of Smithfield in the County
of Providence & State of Rhode Island do
certify that I am town Clerk of said town &
have by virtue of my office the custody of the
records of said town, that I have examined
the records of marriages between the years 1775
and 1800 and cannot find any record of 
the marriage of Stephen Phillips, and Alice
Brown. And I further certify, that I believe
many marriages have taken place in said
town both during & since the war of the 
Revolution which never were recorded.
Smithfield Sept 22. 1840
Witnefs
GS Barnes [signature]
Town Clerk

State of Rhode Island & Providence Plantation
Providence Le  I hereby certify that on this 22’
day of September A D 1840 personally appeared
George L. Barnes Esq above named known to 
me to be Town Clerk of the town of Smithfield
in sd State. & made [insert “oath”] that the above
certificate is true.
William H Smith [signature] Justice of the Peace
Page 10

I Aaron Bardine of Glocester County
of Providence do testify & say that in
the year 1779 I was stationed at West
Point at a place called Robinsons farm
in 13th Mafsachusetts regiment under the
Command of Col Wigglesworth, I was
stationed there in the summer & Autumn
of said year and I well remember that 
there [insert “were”] some Rhode Island Troops there
& in them a Drum Major whose
name was Stephen Philips, I frequently 
saw him & was some acquainted with 
him & often heard his name called
I was an orderly Sergeant & this office
led to an acquaintance with all the 
drummers & fifers at that station
I was also acquainted with John Usher
late of Glocester deceased, & the husband
of Alice Usher now his widow the said
John died about three years ago
Page 11

and since then she has remained a
widow, The said John was a neighbor
of mine I am now 78 years old
Aaron Bardine [signature]

State of Rhode Island County of Providence
In Glocester this 9th day of September 1840
In person came before me Aaron Bardine 
and made oath to the truth of the foregoing
deposition by him subscribed 
Job Armstrong [signature] Just. C. C. Pleas
I further certify that this said Bardine is a
person known to me & that his statements
are entitled to credit
Job Armstrong [signature] Just. C. C Pleas
Page 12

I, Jonathan Marcy of Smithfield 
in the County of Providence, and 
State of Rhode Island &c, on oath,
do testify and say that I am now
in the Seventy-Eighth Year of my age,
that I was well acquainted with 
Stephen Phillips, formerly of said
Smithfield, and the first husband
of Alice Usher, widow of John Usher,
Her maiden name was Alice Brown,
I further testify that I was present
at the marriage of the said Stephen
and Alice. They were married in
Smithfield by Uriah Alverson
in the spring of 1779, I think, in 
the month of May. He was then
an enlisted soldier, and came home
on a furlough, and, after his marriage
returned to the Army. The
Year of the marriage I remember
from the circumstance that it was
the Year before my grandfather died.
My Grandfather died in the Year 1780.
of the above facts I have a most 
distinct recollection. —
attest
               his
Jonathan X Marcy
               mark

Gamaliel L Dwight [signature]
Page 13

Providence Le } In Smithfield, on
this twelfth day of September, A.D. 1840. 
personally appeared [insert “before me”] Jonathan Marcy
subscriber to the within deposition,
and made solemn oath of the truth
of the same, and I do certify that
said Jonathan Marcy is a credible
witnefs.
Gamaliel L Dwight, [signature]
Public Notary
Page 14

I, Elthea Smith of Smithfield, in
the County of Providence State
of Rhode - Island be, on oath, do
testify and say, that I am eighty -
one Years of age, that I was formerly
well acquainted with Stephen
Phillips of said Smithfield, and Alice
Brown of Said Smithfield. They both
of them were near - neighbors of mine,
I have a distinct recollection of the 
time they were married.  He was a 
drummer in the Army, and came
home on a furlough and was 
married and went back to the Army.
I remember the Year from this circumstance,
to wit, my grandfather died
in December 1778, and I remember 
seeing Alice Brown at the funeral,
and I remember that she was married
to Stephen Phillips the spring following,
and her son Samuel was born
in August 1779, and I was present
at his birth, It was necefsary that
he should be married at the time he
was married, and he came home on
a furlough for that purpose. These
facts are within my perfect
recollection.
         her
Elthea X Smith
         mark
Gamaliel L Dwight } [signature]
Page 15

Providence Sc } In Smithfield, on this
twelfth day of September A.D. 1840,  personally appeared [insert “before me”] Elthea Smith,
subscriber to the within deposition and
made solemn oath of the truth of 
the same, and I do certify that Said
Elthea Smith is a credible witnefs.
Gamaliel L Dwight [signature]
Public Notary.
Page 16

I, Stephen Hawkins of Glocester,
in the County of Providence and State 
of Rhode - Island, do testify and say 
that I am now in the eighty-seventh
Year of my age, that in January 1776,
I enlisted as a private in Captain
Blackman’s company, and in a regiment
commanded by Colonel Christopher
Lippit of Rhode-Island State
Troops for one Year and served out my
time and was honorably discharged —
And I further testify that I well
remember Stephen Phillips, who enlisted
about the time I did in the 
same regimental company, and for
the same length of time, and served
in the grade of a drummer until
his enlistment expired. I more particularly
remember him from the 
circumstance of having seen him
whip one of the soldiers. The said
Stephen Phillips was formerly the husband,
as I believe of Alice Usher, now
the widow of John Usher, deceased,
and residing in said Glocester. —
               his
Stephen, X Hawkins
              mark
attest
Gamaliel L Dwight [signature]
Page 17

Providence Lc,} In Providence on this
seventh day of August, A.D. 1840, personally 
appeared before me Stephen 
Hawkins, subscriber to the within deposition 
and made solemn oath of the
truth of the same, and I do certify
that said Hawkins is a credible 
witnefs. 
Gamaliel L Dwight, [signature}
Justice of the Peace.
Page 18

I, James Bowen of Glocester, in the 
County of Providence and State of 
Rhode - Island &c, do testify and say
that I am now eighty Years of age. —
that I was well acquainted with Stephen
Phillips a drummer in Captain
Blackman’s company, Col. Lippitt’s
regiment of United States Troops,
and formerly the husband of Alice Usher,
widow of John Usher deceased now
residing in said Glocester, Said
Stephen and myself enlisted about
the same time for one Year in
January 1776, and we both of
us served out our terms of enlistments
ending in January 1777,
and were both of us honorably
discharged.
           his
James X Bowen
         mark,
attest,
GL Dwight.} [signature]

Providence Lc,} In Providence on this
eighth day of August A.D. 1840, personally
appeared before me James Bowen,
subscriber to the aforegoing deposition
and made solemn oath of the truth
of the same, and I do certify that 
said Bowen is a credible witnefs,
Gamaliel L Dwight, [signature]
Justice of the Peace.
Page 19

I, Oliver Smith of Smithfield, in the
County of Providence and State of 
Rhode - Island &c, on oath, do testify
and say, that I am eighty two Years
of age, that during the War of the 
Revolution, I was well acquainted 
with Stephen Phillips, the first husband
of Alice Brown, now Alice
Usher, the widow of John Usher,
said Stephen was a drummer in
the Army, and he came home on a 
furlough and was married and
returned to the Army. He was married
to the said Alice Brown, They
were both neighbors of mine. They
were married in the Spring of 1779,
according to the best of my recollection,
and he was an enlisted soldier
at the time of said marriage,
These facts are within my perfect
recollection,
         his
Oliver X Smith
       mark,
Attest
Gamaliel L Dwight,} [signature]

Providence Lc} In Smithfield, on this
twelfth day of September, A.D. 1840, personally
appeared before me Oliver Smith.
subscriber to the aforegoing deposition, and
made solemn oath of the truth of the 
same, and I do certify that said Oliver
Smith is a credible witnefs,
Gamaliel L Dwight. [signature]
Public Notary,
Page 20

State of Rhode Island and
Providence Plantations.
Secretary’s office Oct. 14 1840.
I Henry Bowen, Secretary of 
said State and Keeper of the 
Records and the Seal thereof.
Do certify, That at the date of the official 
Certificate severally annexed the said
Job Armstrong was associate Justice of the 
Court of Common Pleas within the County of 
Providence: the said William H Smith
Justice of the Peace for the City of Providence 
in said County: and the said Gamaliel 
L Dwight Justice of the Peace for said City:
and Public Nortary for said County: each 
duly elected and Commissioned, as appears
of record.
In testimony whereof I have 
hereunto set my hand and affixed the
Seal of said State at Providence, the day 
and year above written.
Henry Bowen [signature]
Page 21


WIDOW, &c.
——————-
File No. 26609
Alice Usher
formerly widow of 
Stephen Phillips
Drum Major Rev War
———————
Act: Feb 2d 48
Index:— Vol. M, Page 293
[Arrangement of 1870.]
Page 22

5975
Rhode Island.
———————
Alice Usher formerly
widow of Stephen Phillips
who was a Drumr & Dr Major
in the R.I. Line
———————-
Inscribed on the Roll at the rate of 
44 Dollars 00
Cents per annum, to commence on
the 4th day of March, 1843.
————————
Certificate of Pension issued the 
13 day of Augt 1844
and sent to 
B Cowell
Providence
RI
————————
[Act of March 3, 1843.]
and June 17 1844
Recorded in Book A
Vol. A Page 97
Page 23

5232
R. I.
Rejected
Pet to Hon. N. R. Knight 16, Dec. 1840
“  to same Dec: 30, 1840,
“  Hon: J R Poinsett Feb: 5. 1841
“  Hon. J. Mathiot March 8th 1842

Act 4 July 36
Page 24

[left side of document]
Act July 4, 1836

[right side of document]
Dec 4 48–700 R.I.
Page 25

March 79 — on Furlough War
enlisted 26 Feby 77 —
Dundee 12 No 7 — deserted 23 oct 79 —
Page 26

Stephen Phillips — Musn. R.Id. Line. Bounty Land?
G.W.C.
Not returned in the R. Island line among those
entitled to bounty land ~
MG
Page 27

Additional evidence will be forwarded
by Judge Cowell to the Chairman of the 
Committee before final action on this petition
one of the documents not being found in the
war office, as expected —
Page 28

Providence Aug 6 1844
Sir
I herewith enclose the application
of Alice Usher formerly the widow
of Stephen Philips for a pension under
the act of March 3d. 1843,
I am respectfully
your obt Set
Benja Cowell

J.L. Edwards Esq
Page 29

28th CONGRESS,
1st Session.
—————————-
Ho. OF REPS.
—————————-
Rep. No. 390.

ALICE USHER.
[To accompany bill H. R. No 292.]
——————————-
MARCH 29, 1844.
——————————-
Mr. GIDDINGS, from the Committee on Revolutionary Pensions, made the
following

REPORT :

The Committee on Revolutionary Pensions, to whom was referred this
petion of Alice Usher, report : [italicized]

That this case was referred to the Committee on Revolutionary Pensions
at the second session of the 27th Congress, and a report made thereon.
The committee adopt the same, and herewith report a bill.
—————————-
APRIL 12, 1842.

The Committee on Revolutionary Pensions, to whom was referred the 
petition of Alice Usher, of Gloucester, in the county of Providence, and
State of Rhode Island, report : [italicized]

     That this is an application by the petitioner for the benefit of the act of 
July 4, 1836, and the explanatory act of March 3, 1837, founded upon the
services of her first husband, Stephen Philips, as a soldier of the Revolution.
From the papers on file in the Pension Office, copies of which have
been furnished the committee, and accompany their report, the following
facts are established :
     James Boner [name is italicized] testifies that he was well acquainted with Stephen Philips,
the former husband of the petitioner ; that he and witness enlisted in January,
1776, in Captain Blackmore’s company, and in a regiment commanded
by Colonel Christopher Lippitt, of the Rhode Island State troops, for one
year ; that they both served out their terms of enlistment, ending in January,
1777, and were honorably discharged. Said Philips was a drummer.
     Stephen Hawkins [name is italicized] also testifies that said Philips served as a drummer in
said company and regiment.  Witness served with him from January,
1776, to January, 1777, at which time they were both discharged.  He
knows him to have been the former husband of the petitioner.
     Aaron Bardine [name is italicized] testifies that in the summer and autumn of 1779 he
was stationed at West Point, and was acquainted with Stephen Philips,
who was a drum-major, belonging to a Rhode Island regiment, also stationed
there; that he frequently saw him and heard his name called.
————————
Blair & Rives, print.
Page 30

2
Rep. No. 390.

This witness also proves that John Usher, the second husband of the petitioner,
died about three years ago, and she has since remained a widow.
     Amariah Weatherhead [name is italicized] testifies that in the year 1780 he enlisted for six
months as a sergeant in the Rhode Island continental troops, commanded
by Colonel Christopher Green, in the company commanded by Lieutenant 
Burlingame, and served out his time ; that he was well acquainted with 
the said Stephen Philips, who was a drum-major in said regiment, and who
served during the time witness belonged to said regiment, which was six
months — his time expired about the last of December ; and his impression
is, that he left said Philips in the army.  This witness was also acquainted
with Philips when he was a drummer in Colonel Leppitt’s regiment, in 1776.
     Levi Weatherhead [name is italicized] enlisted about the same time, and in the same company
and regiment, stated by the last witness ; said regiment was stationed
during the time on Rhode Island ; he served for six months, and his time
expired in December, 1780.  He testifies that, during his term, he was well
acquainted with Stephen Philips, who was then drum major, and who
served during said six months ; but whether any longer or not, he cannot
state.
     The marriage of the petitioner and the said Stephen Philips is fully
proved by the testimony of Jonathan Moury, Elthea Smith, and Oliver 
Smith. [all names are italicized] The first two named were present at the wedding, and saw them
married ; and they all concur in stating that it was in the spring of 1779,
and that Philips was then a soldier, and had come home to get married,
and shortly afterwards returned to the army.  It is also in proof that said
Philips died in 1783 ; and that said petitioner afterwards married John Usher,
who is also dead, and she is now a widow.  The witnesses are all certified
to be persons of undoubted veracity, upon whose testimony implicit
reliance may be placed.
     This claim having been rejected by the Commissioner of Pensions, the
member of the committee having charge of it deemed it proper to ascertain
the reasons for such rejection.  A letter was therefore addressed to the 
department, in reply to which the Commissioner says : “In the case of Mrs.
Usher, who claims for the services of her first husband, Stephen Philips,
it appears by the rolls that he served under one enlistment for 12 months
as a drummer in Captain Blackmore’s company of Leppitt’s regiment of
Rhode Island State troops, in 1776 ; and that having again enlisted into
Captain Allen’s company of Green’s regiment of the Rhode Island line, on
the 26th of February, 1777, for the war, he deserted on the 23d of October,
1779, and never rejoined his regiment.  Her claim was therefore rejected,
upon the ground that he had forfeited all claim to pay or merit for any service
previous to this act of delinquency.  A pension was demanded for the
service in 1776, which was rendered agreeably to his enlistment ; but the
department resisted it upon the ground that the pension laws constituted a
body of enactments, awarding various bounties to persons heretofore engaged
in the public service, according to the degree of their military merit, and
did not enure to those who may have exhibited this evidence of great military 
demerit, unless their subsequent service, by which their blighted characters
as soldiers may be redeemed, be sufficient to bring them within the
provisions of the pension laws.  The widow can claim no pension which 
the husband could not, if alive, successfully assert.”
     From the facts in this case, the committee are not called upon to determine 
the question whether a willful deserter, during the revolutionary war,
Page 31

3
Rep. No. 390.

is entitled to to the benefit of the act of June 7, 1832, or not.  That act is
founded solely upon the service of the officers and soldiers ; and from an 
examination of all the pension laws passed by Congress, and the construction
given to them by the Attorneys General, it appears that their benefits are
extended to all classes who have served for a specified time, without 
restriction or limitation as to the conduct of the applicant after the service was
performed.  The committee would hesitate long before they would report
a bill for the relief of any officer or soldier (no matter how valuable his
prior services might have been) who was so base and cowardly as to desert
his country’s standard.  But the case of the petitioner is not one of this
description.  If the testimony is to be relied upon, her husband, Stephen
Philips, could not have been a deserter as stated on the roll.  “It appears,
(says the Commissioner of Pensions) from the roll, that, having again enlisted
into Captain Allen’s company of Green’s regiment of the Rhode Island 
line, on the 26th  of February, 1777, for the war, he deserted on the 23d of October, 1779, and never rejoined his regiment.”  And yet Amariah and 
Levi Weatherhead both swear positively that they joined Green’s regiment
in Rhode Island, in the summer of 1780, and remained in it until December
of the same year, (a term of six months,) during all which time Philips
served in said regiment as a drum-major.
     These witnesses are not mistaken as to the time.  They swear that
Green’s regiment was stationed in Rhode Island at the time referred to ;
and, by reference to the proceedings of the General Assembly of that
State, it appears that that regiment was not stationed there until the year
1780.  Now, if Philips deserted as a soldier in October, 1779, it is strange
that he should be found serving as an officer the next year, in the very
same regiment from which he deserted.  Some of the witnesses state
that he was at home on a furlough in 1779 ; his wife was sick about the
time he is said to have deserted, and he may have been prevented from 
returning to the army within the time limited by his furlough, and thereby 
been marked as a deserter ; but all the facts go to show that it is highly 
improbable that he could have deserted, in the usual acceptation of that term.
He had entered the army early in the Revolution, and served one tour of
12 months, and was honorably discharged.  Shortly afterwards he again
enlisted, and, as appears by the rolls in the War Department, he then served
two years and eight months — and that, too, during the most trying period
of the Revolution — at the expiration of which time it is said he deserted.
This is impossible, unless the two Weatherheads have testified falsely ; and 
their character for truth and veracity is fully sustained.  The case being
clearly made out, in the opinion of the committee, they report, herewith, a
bill for the relief of the petitioner.
Page 32

No, 5232   Act 36
[“Act 43” is crossed out]
[“ “ 44” is crossed out]
Rhode Island Roll, sL act
June 17. 1844. Alice Usher
$74 pr anm: from 4 Mar.
1836. (act July 7. 1838)
Drummer 12 mo $44.
Drum Major 6 mo 30
                              ——
                               $74.

B. Cowell
Providence
RI
Page 33

Providence July 17 1844
Sir
Just before the close of the session Congrefs
granted a pension to Alice Usher formerly
the widow of Stephen Phillips — You may
remember that this was a case presented
by me some years ago but was rejected 
by you on the ground of a supposed
desertion But Congrefs have ordered
her name placed upon the Roll of this
State, by a special act, as I see by the
papers, will you, therefore, be kind
enough to send me a certificate and
order her name placed on the 
Roll of this State for payment —
I made this request 3 or 4 weeks since
in her behalf. But as she has sent to me
again, to know if the pension can be
secured I take the liberty to write
again — 
Very Respectfully
Your obt set
Benja Cowell

J L Edwards Esq
Page 34

Providence June 20 1844
Sir
I understand an act has been pafsed
granting a pension to Allice Usher
formerly the widow of Stephen Philips
You may remember that this is the 
claim I first sent to the Pension office
but was rejected by you on the ground
of a supposed desertion, Thinking her
claim a past one, I advised her to apply
to Congrefs for a special act, which has
I believe just been pafsed, I have now
to request that a certificate pursuant
to said act be granted & her name placed
on the Rolls of Pensioners of this State,
I am respectfully
your obt set
Benja Cowell [signature]

J. J. Edwards Esq
Page 35

Hon M H Clair Clarke
Clerk of the House of Rep
Washington
DC

Alice Usher
Page 36

Providence R I June 2 1843
Sir
In January 1842 I presented through M.
Tillinghast the petition of Alice Usher to
Congrefs, which was I suppose refered to 
the Committee on Revolutionary Pensions
as it was a petition for a Pension, Since
which I have not heard what disposition
was made upon it, I believe the Committee
made a report on her claim and a bill
of some kind or other was brought in —
Will you be kind enough to send me
a copy, or the substance of the Report 
& of the bill & inform me what
disposition was made of it
In doing which you will much oblige
a poor widow as well as your
most obt & humble set
Benja Cowell [signature]

Petition
Presented on the 20th January 1842. [“pages (eg) Journal” crossed out]
April 12. 1842. Bill No. 369 reported
Pafsed House Dec 23. 1842 — Postponed in senate Feb. 23. 1843.
July 8. 1843 — So informed Mr Cowell by letter & send [illegible]
bill & report. — S. B
Hon, M H Clair Clerk [signature]
Page 37

The Commisr. of pensions
pension office

wait for
Dexter’s answer Jan 4, 1841
In at
R I
Mrs usher

Hon N. R. Knight
Senate US.
Page 38

January 4, 1840
The Commisr. of pensions
Sir
Your decision in the case of 
Mrs. Usher of the 30th ult. has been recd. — I did not
recollect at the time I wrote you in her behalf that
her husband served six months in Col. Greene’s
Regt. after the time he had been marked a deserter,
which six months service will entitle her to a pension
unless your decision was designed to extend to the after
service as well as to the years’ prior service in Leppitt’s
Regt. — I do not [“intend to” is crossed out] call in question the correctness
of your former decision in her case further than to say
that by it is clearly established in my mind [insert “the principle”] that minor
offenses work a forfeiture of estate if not corruption of 
blood — a principle which I supposed had been repudiated
in this Country — However that may be —
I ask for a pension for the last six months service in 
Col. Greene’s Regt. which I am informed by Mr. Cowell
is conclusively proved by the papers on file in her case
Respectfully yours
NR Knight [signature]
Page 39

I hereby certify, That the accompanying pages — numbered
from one to twelve, inclusive, are truly copied from the originals
— in the Office of the Commissioner of Penisons, Department
of War.
J L Edwards [signature]
Commissioner of Pensions.

Be it remembered, That James L Edwards, who has signed
the foregoing certificate, is Commissioner of Pensions; and that to
his attestations full faith and credit are and ought to be given.

In testimony whereof, I have hereunto 
subscribed my name, and caused the seal
of the Department to be affixed, on
this Fifth — day of March —
in the year of our Lord one thousand
eight hundred and [“thirty” is crossed out] forty-two.
John C. Spencer [signature]
Secretary of War.
Page 40

State of Rhode Island,}
County of Providence,}fs.
On this twenty second day of April 1848 personally
appeared before the subscriber a Justice of the Peace in
and for the County aforesaid Alice Usher a resident of
Burrillville in the County of Providence aged eighty six
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
of Congrefs pafsed on the 2d. February 1848 granting
pensions to widows of persons who served during the
Revolutionary war. That she is the widow of John Usher
her last husband and formerly widow of Stephen Phillips
who was a Drummer and Drum Major in the Revolution
and that she received a pension of Seventy four Dollars
per annum under the Act of June 17th. 1844
She further declares that she is still a widow

Sworn to and subscribed on the day and year above written.
Before me,
Anson Smith, [signature] Justice of the Peace.
       her
Alice X Usher
       mark
Attest Ann - E. Saunders

I certify that the above named declarant is personally
known to me and that she is the same individual 
who drew a pension under the act of June 17th. 1844 as
stated by her in the above declaration.
Anson Smith, [signature] Justice of the Peace.
Page 41

State of Rhode Island }
County of Providence } fs

I, John W. Smith Clerk of the Court of Common Pleas
within and for said County of Providence, being a Court of record
do hereby certify that Anson Smith Esquire before whom the
aforegoing Declaration was made is a Justice of the Peace
for the town of Glocester in said County of Providence, and
[missing words] certified to act in said capacity, and that the
two preceeding Signatures [illegible] to the other signatures
of said Smith are genuine.
In witnefs whereof I hereunto set my hand and affix
the seal of said Court at the City of Providence this
fifth day of July 1848.
John W. Smith [signature] clerk

admitted
Anson Smith 
Foster R.I.
Page 42

Mrs. Alice Usher;
petition —
=====
Letter from Judge Cowell
to J.L. Tillinghast —
including one to Col. Taliaferro
& copy of Act of R.I. Legislation
1780.
=====

Honorable J. L. Tillinghast
House of Rep
Washington
DC
Page 43

Providence Feb 7 1842
dear Sir
You may remember that just before
I left Washington I left with you the
Petition of Mrs Alice Usher to be presented
& refered to the Committee of Rev Pensions
but not be acted upon, until I cut
a Copy of an act of our Legislature
while I thought material in her case
I now enclose a copy of the act
attended to together with a Statement
of her claim which I will thank 
you to hand over to the Hon
Mr Taliaferro chairman of the Cour[t?]
Permit me to add that Mrs Usher
is now very far advanced in years
& that unless her claim is pretty soon
acted upon no act of Congrefs will be of any
service to her 
Sincerely & respectfully
yours
Benja Cowell [signature]

Hon JL Tillinghast
Page 44

Pension Office
March 8th. 1842
Sir,
I have the honor to enclose herewith
copies of the papers in the case of 
Mrs. Alice Usher and Samuel Patchen.
In the case of Mrs. Usher who claims for
the service of her first husband Stephen
Phillips it appears by the rolls that he
served under one establishment for 12 months
as a drummer in Cap Blackmore’s Company
of Lippitt’s regiment of R Island State troops
in 1776 and that having again enlisted into
Capt. Allen’s company of Greens regiment of the
R Island Line on the 26th of February 1777 for
the war he deserted on the 23d. of October 1779,
and never rejoined his regiment. Your claim was
therefore rejected upon the grounds that he forfeited
all claim to pay or merit for any service previous
to this Act of delinquency. A pension was demanded
for the service in 1776 which was rendered agreeably
to his enlistment but the Dept. resisted it upon
the grounds that the Pension laws constituted a body
of enactments awarding various bounties to persons
heretofore engaged in the public service according
Page 45

[according] to the degree of their military merit and
did not enure to those who may have exhibited
this evidence of great military demerit
unless their subsequent service by which their
blighted character as soldiers may be redeemed,
be sufficient to bring them within the
provisions of the Pension Laws. The widow can
claim no pension which the husband could not
if alive succefsfully assert.
Samuel Patchen’s claim was adjusted in
June 1834 and he was allowed for the service
set forth in his declaration, but his claim
for 18 months captivity in Canada was rejected
because his papers shewed that he was not
in service when he was abducted and carried 
by tories to the enemy. The records of New York
shew that he was in the hands of the enemy
from the 17th of May 1781 to December 8th of 82.
I have the honor to be
Very respectfully
Yr. MV. [illegible]
J L Edwards [signature]

Hon. J. Mathiot}
House of Representatives}
Page 46

6286 N. Act 1843
77.     “    “     1844
A. Usher
$74 per an
Acts ‘43 &} one
         ‘44 } cut:

B. Cowell
Providence
R. I.
Page 47

STATE OF RHODE-ISLAND.
County of Providence
On this third of August A. D.  1844 personally appeared
before me a Justice of the Peace in said County, Alice Usher
now resident in Glocester in said County, aged Eighty three 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 Act of Congress, passed March 3d, 1843, granting pensions
to widows of persons who served during the Revolutionary War viz: That she is the Widow
of John Usher & formerly the widow of Stephen Philips deceased, who served in said War as a 
drummer & Drum Major   That she received a pension under the Act of July 7, 1838, at the
rate of $74 per annum, payable at the Agency for paying pensions at Providence.
Attest
Franklin Greene [signature]
Alice X Usher’s
      mark

Providence Sc. In Providence Aug 3d A. D., 1844
Personally came before me the above named Alice Usher and made oath
to the truth of the above declaration by her signed.
I also certify said 
Alice was a pensioner under the act
of July 7, 1838 & Special Act of June 17,
1844
before me Franklin Greene [signature]
Jus. Peace
Page 48

State of Rhode Island & Providence Plantations
Providence, &c}
I Albert Greene, Clerk
of the Municipal Court of the City
of Providence in the State aforesaid, exercising
Probate Jurisdiction, do hereby certify that
Franklin Greene who has signed the within
Certificate, was on the day of the date
thereof, a Justice of the Peace, within and for
said City of Providence, duly elected.
In  Attestation whereof I have
hereunto set my hand, and 
have affixed the seal of 
said Court. this 5ht day of 
August, A.D. 1844.
Albert G Greene, [signature]
Clerk
Page 49

Mrs Usher
Page 50

I Aaron Bardeen of Glocester, in the
County of Providence and State of
Rhode Island &c, being now Eighty
one Years of age, on oath, do testify and 
say, that I was well acquainted with
Stephen Phillips, formerly the husband
of Alice Usher,  widow of John Usher,
late of said Glocester, I knew said Stephen
Phillips in the Army of the Revolution,
He was drummer and Drum Major
when I knew him, or acted as such.
In a former deposition which I gave for
Mrs. Usher who claimed a pension on account
of said Stephen’s services I stated,
according to the best of my recollection,
that I knew him when he was stationed
at Bedford, opposite West-Point.  The
Rhode-Island Regiment was then there.
This was in the autumn of 1779, Since
I gave that deposition I have been informed,
that Mrs Usher’s claim for a 
pension has been rejected by the Commifsioner
of Pensions on the ground of said Stephen’s
desertion from the Army, and now
being called upon to testify what I remember
in regard to that point, I do further
testify and say; As before Stated, I was well
Page 51

acquainted with said Stephen, We frequently
were together, though in different
regiments, He was in a Rhode-
Island Regiment, and I was in Col. Wigglesworth’s
Regiment, and Gen. Glover’s Brigade
of Mafsachusetts Troops, but we frequently 
did duty with the Rhode-Islanders,
To my knowledge, the said Stephen
never did willfully desert, I have a distinct
recollection that he had a furlough
to go home on account of ill health, and 
he overstayed his furlough a good while,
as much as a month or six weeks, but
he returned and was received again, and 
I left him in the Army when I came away,
after my time expired in the month of April
following, I heard the soldiers talking about 
his staying so long,  and he said he had been 
sick, under the doctor’s hands.  He never
was accused of desertion to my knowledge.
Aaron Bardeen [signature]

State of Rhode-Island and Providence Plantations,
Providence &c} In Providence, on this Third day of
February, A. D. 1844, personally appeared before me
Aaron Bardeen, subscribed to the aforegoing, and
made oath of the truth of the same, and I do
certify that said Bardeen is a credible witnefs,
Before me, Gamaliel L Dwight [signature]
Justice of the Peace
Page 52

State of Rhode Island & Providence Plantations.
Providence, fc}
I Albert G. Green, Clerk of 
the Municipal Court, of the City of Providence,
in said State, do hereby certify, that
Gamaliel L. Dwight who has signed the 
preceding Certificate, was, on the day of
the Date thereof, a Justice of the Peace
within and for said City of Providence, duly
elected.
In attestation whereof, I
have hereunto set my hand
and have affixed the seal of 
said Court, this sixth day
of February, A.D. 1844.
Albert G. Green, [signature]
Clerk
Page 53

[left, bottom side of document]
Deserted [underlined]

[right side of document]
HR. 292.
Alice Usher.
========
Feb 5. 1844 ref.d to
Cowell on Rev. Pen.
==============
March 29. 1844 Bill 292
============
Cranston
Page 54

State of Rhode Island}   1
County of Providence} Sc.
On this 9th day of September
1840, personally appeared before me Job Armstrong
one of the Justices of the court of Common Pleas with
in and for said county Alice Usher now resident
in Gloucester in said county aged eighty years
who being duly sworn according to law doth on her
oath make the following declaration in order to obtain
the benefit of the acts of congress of July 4, 1836 and 
March 30 1837. That in the month of May, A.D. 1779.
she intermarried with Stephen Philips formerly
of Smithfield in said county, who was at the
time of her intermarriage a soldier in the army
of the Revolution and had been from the beginning
of the war. that she believes he usually served as
drummer, but she believes he served also as other
grades, that he was at home on a furlough when 
she married him. that he served in various companies
and regiments: That after her marriage
he returned to the army, but she is unable at this
distant period of time to call to recollection his
officers names. She must therefore rely on the 
testimony of those who served with him for a
more particular specification. She has no record
of her marriage, but she well remembers it took 
place the year before the dark day and she
remembers he had enlisted for three years just
before she married him. And she further declares
that she lived with the said Stephen 
Philips as his wife until his death which took
[place
Page 55

2
place about October A.D. 1783; she then lived a widow
until she married her last husband John Usher of 
Smithfield in said county — that her last husband 
the said John Usher departed this life August
31st. A.D. 1837 and since that period she
has continued unmarried all which will appear
by the testimony hereto annexed:
Wherefore she requests that a pension may
be granted to her according to the provisions of the 
acts aforesaid. In reference to the first marriage she
remembers it took place in Smithfield Uriah Alverson
Esq a Justice of the peace married them, but she knows
of no one now living who was present at the marriage
but Jonathan Moury, she believes he is still living, and 
there may be others [insert “but”] she does not know.
        her
Alice X Usher
       mark

Attest.
Job Armstrong
State of Rhode Island }
County of Providence } In Glouster this 9th
day of September 1840, in person came before me
the above named Alice Usher and made oath
to the above declaration by her subscribed — and I
further certify that she is too old and infirm to 
attend court, and that her statements are entitled to credit
Job Armstrong, [signature]
Just. C. C. Pleas.

I, Amariah Weatherhead of Cumberland in the
county of Providence, in the state of Rhode Island,
on oath say, that I am now over Eighty two years
Page 56

3
of age, that in the year 1780. I enlisted for six months
as a sergeant in the Regiment of Rhode Island 
continental troops commanded by Col. Christopher
Greene, in the company under the command of
lieutenant Burlingame and served out my time.
I further testify that I was well acquainted 
with Stephen Phillips a Drum Major in said Regiment.
The said Stephen belonged to Smithfield
in said state. He served six months with me
ending about the last of November of said year.
I did not myself continue in said Regiment
longer than said six months, but several did
continue longer, and it is my impression that the
said Stephen was one of them. I was also acquainted
with sd Stephen when he was in Col Lippitts
Regiment in the year 1776. He was a Drummer in that
Regiment also.
Amajiah Weatherhead. [signature]

State of Rhode Island }
Providence S.C. }  I hereby certify that on
this 15th day of September A. D. 1840 personally
appeared before me the aforenamed Amajiah 
Weatherhead and after subscribing the statement
on the other side written, made oath that the
facts therein contained are true to the fact of
his recollection and belief; and that the said
Weatherhead is a credible witnefs.
William H. Smith [signature]
Justice of the Peace
Page 57

4
I, George L. Barnes of Smithfield in the 
county of Providence and state of Rhode Island,
do certify that I am town clerk of said Town and 
have by virtue of my office the custody of the records
of said town, that I have examined the records 
of marriages between years 1775 and 1800 and 
cannot find any record of the marriage of Stephen
Phillips and Alice Brown, and I further
certify that I believe many marriages have taken
place in said town both during and since the 
war of the Revolution which were never recorded.
Witness.
G. L. Barnes, [signature]
Town Clerk

Smithfield, Sept 22, 1840.
State of Rhode Island and
Providence Plantations, Providence, Sc.
I hereby certify that on the 22d day of September 
A. D. 1840, personally appeared Geo. L Barnes, Esqr
above named known to me to be Town Clerk of
the Town of Smithfield in sd state and made
oath that the above certificate is true.
William H. Smith, [signature]
Justice of the Peace

I, Aaron Bardine of Glocester County of Providence
do testify and say that in the year
1779, I was stationed at West Point, and at a
place called Robinson’s farm in 13th Mafsachusetts
Regiment under the command of Col. Wigglesworth.
I was stationed there in the summer and
Page 58

5
autumn of said year and I well remember that
there were some Rhode Island troops there and
in them a Drum major whose name was Stephen
Philips. I frequently saw him and was some
acquainted with him and often heard his name
called. I was an orderly sergeant and this office
led to an acquaintance with all the drummers
and fifers at that station. I was also acquainted 
with John Usher late of Glocester deceased and
the husband of Alice Usher now his widow the
said John died about three years ago and since
then she has remained a widow. The said John
was a neighbor of mine. I am now 78 years old.
Aaron Bardine. 

State of Rhode Island }
County of Providence. } In Glocester the
9th day of September 1840. In person came 
before me Aaron Bardine and made oath to the
truth of the foregoing deposition by him
subscribed.
Job Armstrong,
Just C. C. Pleas.

I further certify that the said Bardine is
a person known to me and that his statements
are entitled to credit.
Job Armstrong
Just C. C. Pleas.

I, Jonathan Moury of Smithfield in the 
county of Providence and state of Rhode Island,
&c.
Page 59

6
&c on oath do testify and say that I am now in 
the seventy-eighth year of my age — that I was well
acquainted with Stephen Phillips, formerly of 
said Smithfield, and the first husband of Alice
Usher, widow of John Usher. Her maiden name
was Alice Brown, the daughter of Benjamin Brown.
I further testify that I was present at the marriage
of the said Stephen and Alice. They were married
in Smithfield by Uriah Alverson in the spring
of 1779. I think in the month of May. He was 
then an enlisted soldier and came home on a
furlough, and, after this marriage returned to
the army. The year of the marriage I remember 
from the circumstance that it was the year before
my grandfather died. My grandfather died
in the year 1780. of the above facts I have a
most distinct recollection.
his
Jonathan X Moury
mark
Attest.
Gamaliel L. Dwight }

Providence S.C }
In Smithfield this twelfth
day of September A. D. 1840, personally appeared
before me Jonathan Moury, subscriber to the within
deposition and made solemn oath of the truth
of the same, and I do certify that said Jonathan
Moury is a credible witnefs.
Gamaliel L. Dwight,
Public Notery.
Page 60

7
I. Elthea Smith of Smithfield. in the county of 
Providence and state of Rhode Island, & on oath do
testify that I am eighty one years of age, that I was
formerly well acquainted with Stephen Phillips of 
said Smithfield and Alice Brown of said Smithfield.
They both of them were near neighbors of
mine. I have a distinct recollection of the time they
were married. He was a drummer in the army, and
came home on a furlough and was married
and went back to the army. I remember the year
from this circumstance, to wit: My grandfather died 
in December 1778, and I remember seeing Alice
Brown at the funeral, and I remember that she
was married to Stephen Phillips the spring following,
and her son Samuel was born in August
1779 and I was present at his birth. It was 
necessary that he should be married at the time
he was married and he came home on a furlough 
for that purpose. These facts are within my perfect
recollection.
her
Elthea X Smith
mark
Attest Gamaliel L. Dwight }

Providence Sc. } In Smithfield on this 12th
day of September A. D. 1840; personally appeared
before me, Elthea Smith, subscriber to the within
deposition and made solemn oath of the truth of the
same, and I do certify that said Elthea Smith is
a credible witness.
Gamaliel L. Dwight, Pub. Notary
Page 61

8
I. Stephen Hawkins of Glocester, in the county of 
Providence and state of Rhode Island. & do testify
and say that I am now in the eighty seventh year
of my age. That in January 1776, I enlisted as a
private in Captain Blackman’s company, and in
a Regiment commanded by Col. Christopher Lippitt
of Rhode Island state troops for one year and
served out my time and was honorably discharged.
And I further testify that I well remember Stephen
Phillips, who enlisted [second “who enlisted” is crossed out] about the
time I did in the same regimental company, and
for the same length of time and served in the grade
of a drummer until his enlistment expired. I
more particularly remember him from the circumstance
of having seen him whip one of the soldiers.
The said Stephen Phillips was formerly the husband,
as I believe, of Alice Usher now the widow of John
Usher deceased, and residing in said Glocester.
his 
Stephen X Hawkins
mark

Attest,
Gamaliel L Dwight. }

Providence S.C. } In Providence on the seventh
day of August A. D. 1840, personally appeared before
me Stephen Hawkins [“and” is crossed out] subscriber to the within
deposition, and made solemn oath of the truth of
the same, and I do certify that said Hawkins is
a credible witness.
Gamaliel L Dwight. }
Justice of the Peace }
Page 62

9
I, James Bowen, of Glocester, in the county of Providence
and State of Rhode Island. &c do testify and
say that I am now eighty years of age. That I was
well acquainted with Stephen Phillips a drummer
in Capt. Blackman’s company, Col. Lippitt’s Regiment
of United States troops, and formerly the husband
of Alice Usher, widow of John Usher, deceased, now
residing in said Glocester. Said Stephen and
myself enlisted about the same time for one year
in February 1776 and we both of us served out
our terms of enlistment ending in January 1777.
and were both of us honorably discharged.
his
James X Bowen
mark

Attest.
G. L. Dwight. }

Providence L. C.  In Providence on this eighth day
of August, A.D. 1840, personally appeared before me
James Bowen subscriber to the foregoing deposition
and made solemn oath of the truth of the
same, and I do certify that said Bowen is a
credible witnefs.
Gamaliel L. Dwight;
Justice of the Peace

I, Oliver Smith of Smithfield, in the county
of Providence and State of Rhode Island, & on
oath do testify and say that I am eighty-two 
years of age. That during the war of the 
Revolution I was well acquainted with Stephen
Phillips, the first husband of Alice Brown
[now
Page 63

10
now Alice Usher, the widow of John Usher; Said 
Stephen was a drummer in the army and he came
home on a furlough and was married and returned
to the army. He was married to the said Alice Brown.
They were both neighbors of mine. They were married
in the spring of 1779, according to the best of my
recollection and he was an enlisted soldier at the time
of said marriage. These facts are within my perfect
recollection.
his
Oliver X Smith.
mark.

Attest, Gamaliel L. Dwight.

Providence S.C. } In Smithfield on this 12th
day of September A. D. 1840, personally appeared 
before me Oliver Smith, subscriber to the aforegoing,
deposition and made solemn oath of the truth of the 
same, and I do certify that said Oliver Smith
is a credible witnefs.
Gamaliel L. Dwight,
Public Notary

State of Rhode Island and Providence }
Plantation, Secretary’s office, Oct. 14, 1840. }
I, Henry Bowen, Secretary of said State, 
and Keeper of the Records and the seal thereof; Do
certify, that [insert “at”] the date of the official certificate severally 
annexed, the said Job. Armstrong was associate Justice of
the court of Common Pleas within the county of
Providence; the said William H. Smith, Justice of the
the Peace for the city of Providence in said county, and
Page 64

11
the said Gamaliel L. Dwight Justice of the Peace for
said city and notary public [“tr” and markings to indicate the word order should be “public notary”] for said county; each
duly elected and commissioned, as appears of record.
In Testimony whereof. I have hereunto set
my hand and affixed the seal of said state
at Providence, the day and year above written:
Henry Bowen

I, Levi Weatherhead of Cumberland in the county of 
Providence, on oath do testify that I am now eighty one
years of age that I enlisted as a private in the year
1780 for six months in a regiment of Continental
troops under the command of Col. Christopher Greene,
and in the company commanded by Capt Burlingame
I enlisted in of that year and served out
my time and further testify that I well remember
Stephen Phillips formerly of Smithfield. Said Stephen 
Phillips was our Drum major and served as
sutch during said six months my time ended
in December of said year. I do not recollect where
the said Stephen served any longer or not. Col. Green’s
regiment was stationed on the }
island of Rhode Island during }
that year.}
Levi Weatherhead.

Providence SC.
Cumberland, Nov 2, 1840. }  Personally appeared 
before me the above named Levi Weatherhead and 
made oath to the truth of the above deposition by him
signed. And I further testify said Levi is a credible
witnefs.
Ariel Cook,
Justice of the Peace.
Page 65

12
State of Rhode Island, &c }
Providence Sc. } I. John W. Smith,
clerk of the court of common pleas, within and for
the county of Providence, being a court of record, do
hereby certify that Ariel Cook, Esquire, before whom
the written [insert “affidavit”] was sworn, is a Justice of the Peace for the
town of Cumberland in said county, that he is by
law authorised  and qualified to administer oaths
and take depositions, and that his signature within
written is genuine.
In attestation whereof I hereunto set my
hand and affixed the seal of our said court,
at the city of Providence this 13th day of November,
A D. 1840.
John W. Smith, Clerk
{seal}
Page 66

I Levi Weatherhead of Cumberland
in the County of Providence on oath
do testify and Say that I am now
Eighty.one years of age that I
enlisted as a private in the year
1780 for Six months in a regiment
of Continental troops under the command
Col. Christopher Greene and in the company
Commanded Capt. Bowlingame I enlisted in
of that year and I served out my time and 
further testify that I well remember 
Stephen Phillips formerly of Smithfield 
Said Stephen Phillips was our drum
Major and served as such during said
Six months my time ended in December 
of Said year I do not recollect wheather Said
Stephen served any longer or not
Col. Greens Regiment was stationed on 
the Island of Rhode Island during that
year
Levi Weatherhead [signature]

Providence fs Cumberland November 2 AD 1840
personally appeared before me the above named
named Levi Weatherhead and made oath
to this [insert “truth of the”] above Deposition, by him signed
And I further testify Said Levi is a credible 
witnefs
Ariel Cook [signature] Justice of the Peace
Page 67

State of Rhode Island &c.
Providence fc.  I, John W. Smith
clerk of the Court of Common Pleas
within & for the Court of Providence,
being a Court of Record, do hereby
certify that Ariel Cook, Esquire
before whom the within affidavit was
sworn is a Justice of the Peace for
the Town of Cumberland in said County,
that he is by law authorized & qualified 
to administer oaths, & take depositions;
and that his signature within written 
is genuine
In attestation whereof 
I hereunto Set my hand &
affix the Seal of our Said
Court, at the City of 
Providence this thirteenth
day of November AD 1840.
John W Smith [signature] clerk
Page 68

State of Rhode Island &c. In General Assembly 
June session AD 1780.
An Act for raising, and sending into the
field Six hundred and ten men to recruit 
the Continental Battalions railed
by this State under the command of 
Col, Christopher Greene & Col Israel Angell

Whereas the exigence of the public affairs 
requires that a formidable efficient force be raised
and sent into the field, as soon as possible,
And whereas this State is called upon by Congress
and the Commander in Chief of the Forces of the
United States to recruit the Continental Battalions
of this State with Six hundred and ten men  
In order therefore to comply with the said requisitions,
and to give as far as possible. Stability
and success to the public measures.
Be it enacted by this General Assembly and 
by the Authority thereof it is hereby enacted.
That Six hundred and then able bodied effective
men be raised as soon as possible, to recruit the
said Battalions That they rendezvous at Providence
by the first day of July next & continue
in service until the first day of January next
unless sooner discharged, And that each soldier
as raised sign the Inlistment and take the oath
directed by Congress, mutates mutandis.
It is further enacted, that each able bodied effective
man, who shall enlist into the said service 
shall be entitled to & receive a bounty of 
fifteen pounds, in the bills ordered to be emitted by
this assembly at the present sefsion, to be paid
upon his being properly engaged. or to the same
sum in Silver or gold, at the expiration of the term
for which he is inlisted with an interest at the rate
of five per centum, per annum, at his election: & shall
also receive forty shillings per month, for the time
he shall be in service (Desertions excepted) in
silver or gold, or other money equivalent
Page 69

And for the more effectual & speedy raising the said
recruits, it is further enacted  That the number of 
men to be raised as aforesaid be apportioned to the
several towns in this State in the following manner
to wit,  The town of Newport shall raise thirty two
Portsmouth, eight, Jamestown three, Middletown five,
Tiverton twenty five, Little Compton twenty one,
Providence forty two, Smithfield thirty five, Gloucester, 
thirty four, Scituate, forty, Cumberland, eighteen, Cranston,
twenty four, Johnston, twelve, North Providence ten
Westerly twenty three, North Kingstown, thirty two,
South Kingstown, forty nine, Charlestown eighteen;
Richmond, fifteen; Hopkinton, twenty one, Exeter
twenty four, Bristol thirteen, Warren, ten, Barrington,
Seven, Warwick, thirty one, East Greenwich
nineteen, West Greenwich, eighteen, & Coventry twenty one
It is further enacted,  That each of the towns shall 
furnish and deliver their respective quota’s of men
aforesaid, at Providence, on, or before the said first 
day of July with a list of their names and of their 
towns to which they respectively belong, to be mustered
and received by the Continental officer, there
commanding these, who is hereby requested 
immediately there upon to inform his Excellency
the Governor of this State of the Number of effective
men furnished by each town.
It is further enacted that each town shall be allowed
six shillings in the bills aforesaid, for every
able bodied man, who shall be inlisted & mustered
as aforesaid, and that no allowance shall be made
to any town for or on account of any bounty, 
advanced, or paid for any soldier raised, who shall
not pass muster as aforesaid,
It is further enacted, that the men who shall be
enlisted as aforesaid, shall be credited to the towns
to which they respectively belong, provided nevertheless
that upon any Town’s quota being completely 
enlisted, if any inhabitant of such town shall be
inlisted over and above its proportion, then & in
in that case, he shall be credited to the towns
which shall enlist him, And provided also,
Page 70

That if any man shall be enlisted by any town
other than that of which he is an inhabitant,
the said bounty of fifteen pounds & allowance of
six shillings for inlistment, as aforesaid, shall be 
paid by the town to which he belongs before he
shall be credited to the same,
It is further enacted,  That the persons whose
names are hereafter mentioned be appointed and
empowered to receive such sums of money as are
sufficient for paying the Bounty allowed to each
soldier as aforesaid ordered to be raised by the
respective towns, for which the towns shall be
accountable, to wit;
Newport, Mr John Townsend, Providence James
Arnold Esq, Portsmouth Thomas Shearman Esq
Warwick Thomas Rice Esq, Westerly Mr David
Maxson, North Kingstown Mr Benjamin Davis
South Kingstown Mr Robert Potter, East Greenwich
Thomas Tillinghast Esq, Jamestown, Benjamin Underwood
 Esq, Smithfield Uriah Alverson Esq, Scituate
The Hon William West Esq, Gloucester Zebedee
Hopkins jun Esq. Charlestown Mr Benjamin Hoxcin
West Greenwich Mr Elisha Greene, Exeter John
Chapman Esq, Middletown Thomas Peckham Esq
Coventry Mr William Burlingame, Bristol John
Howland Esq Tiverton Mr David Durfee  jun,
Little Compton, Philip Taylor Esq. Warren William
Turner Miller Esq, Cumberland Mr Nathan Stanley
Richmond Thomas Lillibridge Esq, Cranston Mr
Joshua Turner, Hopkinton Mr Joshua Clarke
Johnston Edward Fenner, Esq North Providence John
Jenckes Esq Barrington, Thomas Allen Esq
It is further enacted, That each soldier so inlisted
as aforesaid, shall receive three pence, in the bills
aforesaid, for every mile’s travel from the town for
which he shall be inlisted, & be furnished with one
pair of overalls, One linen frock or hunting shirt
& one pair of Stockings by the Agent Clothier of this
State, & with one pair of shoes by the Commifsary
of hides in this State
Page 71

It is further enacted that the General Treasurer
be, he is herby directed, to send by express, four
thousand, five hundred and and seventy five pounds
in the bills ordered to be emitted in this present
sefsion immediately on its being lodged in the
General Treasury to the persons aforenamed & in
Proportion to the number of men assigned to 
each town. in the foregoing apportionment & that
the person or persons. carrying the said money
take Receipts of the persons to whom the same
is to be delivered as aforesaid in the respective
towns and lodge them with the General Treasurer,
It is further enacted that the Hon. Jabez Bowen
Esq and James Mitchell Varnum, & Esek Hopkins Esq’s
be and they are hereby appointed, a Committee to
wait upon the Hon. Major General Heath, & request
him to cause the privates in Col Christopher Greene’s
Regiment, to be incorporated into the Regiment
commanded by Col Israel Angell, or otherwise
disposed of for the best good of the service.
and that Col Greene, and his officers, be appointed
to command the men ordered to be raised
by this act in a corps, seperate and entire,
It is further enacted, That the Secretary cause a 
sufficient number of inlistments & Copies of this Act
to be immediately printed & sent to the Town Clerks
of the several towns, who are hereby empowered
& directed to convene the inhabitants of their 
respective towns, immediately on the receipt of the same
and that copies hereof be inserted in all the 
newspapers printed in this State
True copy of record
witnefs
Henry Brown Secry.
Page 72

Petition of
Alice Usher
rep. of Stephen Phillips [name is underlined]
praying for a pension as
widow of Stephen Phillips
decd, a drummer in the 
Revolutionary Army —
J. L. Tillinghast
—————————-
January 20 1842
Refd to the Committee
on Revy. Pensions
________________
—————————-
April 12 1842
Bill —— no. 369

Tillinghast
Page 73

To the Honorable Senate & House of Representatives 
of the United States in Congrefs Afsembled
Respectfully shewsth
The Petition & Memorial of Alice Usher of
Glocester in the County of Providence & State
of Rhode Island —
That in the month of May AD 1779 she intarmaried
with Stephen Philips who was then a drummer in
the Army of the United States, that she lived
with him as his wife until 1783 when he died
That afterwards she married John Usher who
died in 1837, & since that period she has
remained a widow
And she would farthur shew, that her first
husband Stephen Philips served twelve Months
in a regiment of Rhode Island Troops, Commanded
by Col. Christopher Lippitt & in Capt Blackmans
Company ending in January 1777 & was honorably
discharged. Soon after [insert “said”] service, in
which, he served as a drummer, he again
enlisted as a drummer in Col Angells
regiment of Rhode Island Continental Troops
& served about two years as she believes
when he came home on a furlough & they 
were married as above mentioned He
then returned to the Army but frequently
came home on a furlough & some times he
remained at home a month but whether he
staid longer than he was permitted she
does not know
And your petitioner would further shew
that [insert “after”] he left Col Angells regiment to wit
in June or July 1780, he again enlisted as
a drummer in Camps raised for six months
under the command of Col Christopher
Greene of the Rhode Island Line He served out
his time & was honorably discharged —
Hen then went to sea and in 1783 died —
And your petitioner would further shew
that since the act of Congrefs of July 11, 1836
Page 74

& March 3d 1837 were pafsed allowing pensions
to widows she has applied to the War Department
for a pension & made out a declaration in due
form and she obtained proof of her said intermarriage
with said Stephen and of his services in Col
Lippitts & Col Greene’s regiments & caused her claim
to be sent to the War Department: But her claim
was rejected as she has been informed on account
of its being alleged on the Roll that her said husband
Stephen Philips deserted in December 1779 from 
said Col Angells regiment
Now, your petitioner declares & says that she never
heard before, that her husband deserted from said
regiment, & she verily believes he never did desert
intentionally, but he did frequently come home
on a furlough & perhaps he staid longer than
he was authorised on one occasion, & not returning
to the Army when his furlough was out,
he might have been put down as deserted
she can account for his alledged desertion in no 
other way But whether he was honorably discharged
or not from said Regiment — he again enlisted
as a drummer in Col Greene’s regiment
in 1780 & served six months & was honorably
discharged as will appear by the evidence
in the War Department attached to her
claim for a pension to which she refers for
proof & also for proof of facts set forth in this
Memorial —
Now your Petitioner does not claim any pension
for any service which her first husband
the said Stephen performed in Col Angells regiment
if he deserted which however she thinks is 
wholly mistake, But inasmuch as he did serve
two other enlistments one of twelve months before
the alledged desertion & the other six months
afterward, & did serve with honor to himself
& the Country as will appear by the evidence
she humbly prays she may be allowed as
such a pension under the acts of Congrefs
aforesaid as said Eighteen months service
will entitle her to & as in duty bound will can[?] pay
Witnefs
Gamaliel L Dwight }
Sept 17th, 1841
her
Alice X Usher
mark.
Page 75

further evidence will be
furnished to the Committee
previous to their report
Page 76

[written horizontally]
J. L. Edwards
Commisr. of pensions —

[written vertically]
Hon N. R. Knight
Senate U.S.
Page 77

Washington, D.C.  Dec.r  14/40 —
Commis.r of pensions
Enclosed are the papers of Mrs. Burgers
Mrs. Usher & Mrs. Babbitt all asking for pensions —
Yours &c
N.R. Knight
Page 78

For the Hon
Mr Taliaferro
Chairman Com
Rev. Pensions
Page 79

Providence Feb 7th 1842
Dr Sir
When I left Washington about two weeks since
my friend the Hon J L Tillinghast was about to
present the petition of Alice Usher formerly the 
widow of Stephen Phillips for a pension. You
may remember I informed you that before the
petition should be laid before the Committee
of Pensions I wished to forward to them a 
Copy of an act of the the Legislature of Rhode Island 
which I thought very material in adjudicating
upon her claim it being an act under which
the last service of said Stephen was performed
during the War of the Revolution. I now enclose
a certified Copy of the Act alluded to, together with
a Statement of her claim
Stephen Phillips formerly the husband of Alice Usher
first enlisted for a year in 1776 as a drummer in Col.
Christopher Lippitts regiment of Rhode Island Troops and
he served out his time, as was honorably discharged
After this service he enlisted in the Continental
regiment under Col Angell & while belonging to this 
regiment he married the petitioner. In the petition
she says and there is no doubt she says truly,
that her husband had a furlough to come home
to see her. that he staid longer than he was
allowed and for this he was noted as a deserter
He had no intention of deserting nor was he accosted
or tried but suffered to remain unmolested and
in a few months afterwards he again enlisted in
another regiment and served Drum Major six
Months under Col Greene & was honorably discharged
The Act under which this last enlistment took
place is now enclosed and the evidence in the 
Pension office will shew that he served as he stated
Page 80

By looking at the Act it will be seen it authorised
the raising of a distinct body of men to serve from
July 1780 to January following. During this time
Phillips served his Country with honor as will appear
by the evidence.
It appears to me, permit me to add that whatever
Construction is to be given to the Act of absenting
himself without leave in October 1779 that is whether
such absence amounts to actual or only to constructive
desertion it ought not to satiate his subsequent
services & thereby deprive his widow of the benefit of them
His being permitted to Join another regiment after the
supposed desertion and even to serve in a higher grade
shews conclusively that he was again received into 
favor by the Authorities of Rhode Island & permitted
to afsume that standing of which it is alledged he had
lost or in other words such service restored him to 
all his rights
The widow however does not ask for a pension 
on account of his services in Col Angells regiment
from which, it is alledged he deserted, but for his
services in Col Lippitts & Col Greens, in both of 
which he served with honor, as will appear by
the evidence. In the former he served twelve 
Months in the latter six. The former was before 
the latter after his marriage
I understand the reason why this claim could not be allowed
by the Commifsioner of Pensions was that the entry of 
desertion in 1779 related all subsequent services —
However correct this decision might be as regards to the 
services in Col Angells regiment, from which it is
alledged he deserted, it cannot be correct, I think, as
respect his services in Col Greene’s, this was wholly
a different Corporation under the immediate authority
of Rhode Island, & under this he enlisted and served
with honor, and his widow aught to be allowed
the benefit of it — This is her Case, She asks the
benefit of those services only which her former
Page 81

[insert “husband”] served with honor. Although he never did intentionally
desert from Col Angells regiment. Hoping this
claim will meet with an early & favorable consideration
by the Committee I remain 
very respectully
your obt Sert
Benja Cowell


Hon Mr. Taliaferro
Chairman of the Committee
of Rev Pensions