Revolutionary War Pension and Bounty Land Warrant Application File S. 22,028, James Updike, R.I.
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(3-1776) SERVICE R.J.  Updike, James  NUMBER S. 22,028 CONTENTS
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27.196
Rhode Island
James Updike
of, in the State of  R.I.   who was a  Adjutant   in the commanded by Captain of the commanded by in the  R. I.   line for  2 years 
Inscribed on the Roll of  Providence 
at the rate of  480   Dollars  00   Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the  25"   day of  April 1851   and  tenth 
 Alexr Ray Esq
Arrears to the 4th of  Present 
Semi-annual allowance ending [illegible]  from $320 
Revolutionary Claim,
Act June 7, 1832,
recorded by [illegible] Clerk,
[illegible]  E.   Vol.  2   Page  134 
 134
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[handwritten] Pension Office 20. Apl. 37
Rhode Island Roll, James Updike, Adj't $320, act
7. June 1832. To what time paid
D. Brown
3d. Auditor's Office
To the 4 Sep 1834
JH[/handwritten]
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29629
Application of
James Updike_ 
Adjt. 2 years
[illegible]
Cap Brown Co. Dyer
$320
2 
640
160 
800
Hon. D. J. Pearce
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Washington for State of Rhode Island [illegible]
Clerks Office, Court of Probate
Town of North Kingstown-
I Jonathan Reynolds Clerk of the Court of Probate, for the Town of North Kingstown, do hereby certify, that Sylvester G. Shearman of North Kingstown, before whom, the annexed Depositions, were taken and sworn to, is a Justice of the Peace, for said town, legally chosen, commissioned, qualified and engaged as the Law directs. And that he was a Justice of the Peace for said Town, properly authorized as aforesaid, at the [illegible] times, that the annexed Depositions were taken and sworn. And also thereto the signatures thereto annexed, one his proper signature, in his own hand writen and that full faith and credence ought to be given to the same, and to all his official Acts, throughout the United States. In testimony whereof, I have hereunto set my hand and the seal of said Court, this 13th Day of January, in the year 1834- 
Hon. Reynolds. PClerk
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I John Spink of North Kingston, in the County of Washington, on solemn oath do testify and say that I am Eighty Years of Age. During the Revolutionary War, I knew James Updike of said North Kingston now an Applicant for a Pension.  During  the war I was a soldier in the Militia and served in a Company belonging to the Regiment of which Charles Dyer was Colonel, and was a Neighbor of the said James Updike, and I know that from the year 1777, up to the time that the Enemy evacuate Newport, in December 1779, that the said James Updike did the duty of Adjutant to said Regiment, and I then understood [illegible] appointed as such by the Colonel and other Field Officers, who always appointed the Adjutant and had the power to appoint any one that they chose.  He always quartered with Colonel Dyer and served his orders and drilled and exercised [illegible] and Sergeants, and made out all the witten [struck out] written orders [illegible] He [The remaining segment of this document is very light and not discernable]
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I have read his statement [illegible] and know that he served as Adjutant as he has stated
[Signature] John S Spink

Washington Sc. - In North Kingston
                 January 13th 1834 - Personally appeared before me, the above subscriber John Spink, who being by me , duly examined, [illegible] and sworn gave the above Deposition, which was by me reduced to writing in his presence, and by him subscribed, in my presence & I further certify, that the said John Spink is well known to me, and that his character for truth & veracity is good, and that said Depositor, is entitled to full faith & credit
              [Signature] Sylvester C Shearman
                                     Justice of the Peace
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I Ruth Thomas of North Kingstown, in the County of Washington, am Seventy - years of Age; during the Revolutionary War, the [illegible] events of which I well recollect  & I lived in the Family of my Father, George Thomas Esq, of said North Kingstown, he was Town Clerk of the Town. We lived near the Village of Wickford, and near the residence of Colonel Charles Dyer, and also near [strike-through] James Updike of said North Kingstown both of whom I well know. Our House was [illegible] not more than half a Mile from the shore, my Father was very active during the war in the course of his County & a store House, containing the provisions for Colonel Dyers Regiment, was in a few [illegible] of the House, at which a guard was constantly kept. During this time, the  Enemy had possession of Newport, our House was oftentimes the headquarters for the Officers and soldiers of the Regiment. And at such times the said James Updike, came there with the Officers and had the name of Adjutant, he was so called by all, and I then understood acted as such. I have seen him drilling and exercising the Men. He was then quite young but was called extremely active and useful by all. and I heard my Father [illegible] in those days, that he was Adjutant, and had heard him say so many times the since the, previous to his death. He often came to our House during the war upon business with my Father, as Adjutant of the Regiment, as I was then told. The Enemy had [illegible] from 1770 to 1779, and the said James Updike, was at our House occasionally as above stated, for two years or more during this time. The head quarters were oftentimes at at other places.
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Houses and the said James Updike left and went there with the other Officers and came back with them when they came back - 
                     [Signature] Ruth Thomas

Washington Sc.  In North Kingston -
             January 8th 1834 Personally appeared before me, the above [illegible] Ruth Thomas and after being, by me, duly examined [illegible] and sworn [illegible] the above Depositor, which was by me reduced to writing, in her presence and by her subscribed in my presence - and I further certify that the said Ruth Thomas is well known to me and that her character for truth & veracity is good and said Depositor entitled to full & [illegible] Credit - 
[Signature] Sylvester C Steadman
                     Justice of the Peace
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Dyers orders as Adjutant to the Officers.  He was called quite active during the War and I hear must of his [illegible] during the War and as Adjutent of said Regiment -  this was while the enemy were at Newport - 
                                [Signature] William Wall

Washington Sc. -  In North Kingston - 
                       January 11th 1834
Personally appeared before me the subscriber, or Justice of the Peace for [illegible] North Kingston
William Wall whose name is above written and after being by me duly examined  [illegible] & sworn, gave the annexed Deposition to which his Name is subscribed.  An I reduce the same to writing in his presence, and he subscribed the same in my presence - And I further certify, that the said William Wall is well known to me that his character for faith  & credit is good and said Depositor is entitled to full & [illegible] credit
[Signature]  Sylvester G Shearman
Justice of the Peace
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Declaration in order to obtain the benefit of the Act of Congress passed June the 7th 1832. State of Rhode Island
& 
Providence Plantations
County of Washington }
Town of North Kingston}  Sc.

On this 13th -  Day of January 1834.
Personally appeared in open Court before the Court of Probate in the Town of North Kingston in the County of Washington in said State the same being a Court of Record.  James Updike of said North Kingston, aged sixty(?) one years, who being first duly sworn according to Law, doth on his oath, make the following Declaration, in order to obtain the benefit of the Act of Congress, passed June the seventh 1832.  That he entered the service of the United States under the following named [illegible] and served as herein stated.  He was born in North Kingston where he now resides and ever has resided, in the Month of {insert]May 1762, he has no record of his Age.  In the [crossout] summer of the year 1775. Sir James Wallace who commanded a British Squadron, consisting of the [insert] Ships Rose of twenty Guns, the Juan of twenty Guns and the Kingfisher of Sixteen Guns, entered into and anchored in the Narragansett Bay where they remained a long time, and
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the Crews oftimes landing therefrom, committed great carriages(?) on the shores of the Bay and on Islands therein, burning houses and farms, and carrying off both Men and Cattle.  This State of things continued untill the Enemy took possession of the Port of Newport and Island of Rhode Island, which was on the sixth(?) day of December 1776.  Wherever these Landings of the Enemy took place all that were of sufficient age to do duty were called on no matter what was their age, and [illegible] times called out and did duty in case of [illegible], but as those tours of duty were of short duration, he cannot certify their extent with precision.  In the Spring and summer of 1776 his Father Lodowick Updike was called on to perform Military duty in standing guard on the shores, and he the said James Updike, being then Fourteen years of age and as large as he [illegible] was received as a [illegible] his [illegible], and his Father exempted from duty afore the said James Updike being [illegible] to have a [illegible] in his [illegible] he accordingly made himself acquainted with military discipline by the aid of Benjamin L Cafam, then an Officer in the Continental Army.  that now  deceased and learnt the [crossout] manual [illegible] under Captain Samuel Thomas an Officer in the Militia [crossout] He served in this [illegible] as a private in the year 1776 two months, in [illegible] week and some times two weeks each standing guard in the village of Wickford and the shore adjacent.  In
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January 1777 he was promoted to the rank of Sargeant in the Company of Militia in which he did duty, of which Samuel Thomas [illegible] Captain John Brown Leut-and Joshua Vaughan Ensign, the duty which he performed in 1776 before mentioned was also under the same Officers.  In the Month of January 1777 he was Done Month as Sergeant stationed out Wickford or on the shores adjacent, in March the same year he served another month as Sargeant at the same place.  This May 1777 John Brown was chosen Captain of the Company of Joshua Vaughan Leut - & Christopher Cane Ensign and serve through the Month of May as a Sargeant at Wickford.  In June 1777 Charles Dyer was Colonel of the Regiment, to which the Company was  [illegible] Ray Sands Lt Col & Thomas  Clade Mayor.  Then he having made himself well acquainted, with Military tactics and being [illegible] very intimate and friendly terms with the Colonel and the Field Officer of the Regiment & he was appointed Adjutant to said Regiment [insert written above] with the word of [illegible] Lieutenant and did the [illegible] of Adjutant ever after that, and reside in the same quarters with the Colonel.  He kept an exact [illegible] of all the duties of the Officers and non commissioned Officers of the Regiment, also kept a Book, which contained daily general and other orders under the direction of the Colonel, daily [illegible] the first Sargeants, and gave the [illegible] orders, attended the parades of all guards and detailments, inspected these daily, [ilegible] & ammunition formed them into [illegible] and sections as [illegible] them, to the [illegible], where they [illegible]
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Stationed, devided the Regiment into platoons and sections, [illegible] orders from the Colonel and other Field Officers, to the Captain of the Company, where [illegible] and to all other [illegible] and places.  The head quarters of the Regiment for the first six Months, after June 1777, were at the Sangs House [illegible] called in North Kingston.  In 1778 he quartered during the year, at the House of Benjamin Fowler and John Mosnay in the village of Wickford.  Charles Dyer was Colonel Thomas Cotter  Lt Col & Thomas [crossout] Clarke(?) House in that year.  The head quarters of the Regiment were at the House aforesaid, except in the Month of August 1778, in the time of General Sullivan expeditions on the Island of Rhode Island, several encounters took place during this expedition, and on the 28th of August a Bloody battle was fought in which the House of Colonel Dyer was [illegible] under him after that the Americans retreated from the Island.  In 1779 Charles Dyer was still Colonel, the head quarters of the Regiment were for the first six months at the House of Colonel John Gardiner in Boston Neck, and the remainder of the year at the House of Benjamin Gardiner - in December 1779 the Enemy abandoned Newport  and he was called on no more.  At the time he was appointed adjutant, he had a written Commission made out and signed by the Colonel, but it is now lost.  He never served under any Continental Officer but he knew Generals Greene & Sullivan, and also Colonel Greene.  He has no documentary or written evidence of his service.
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John Spink [a series of words are crossed out] who is now living in North Kingston are acquainted with some of his service.  The whole term of service was two months as a private, three months as a Sargant, and two years and six months as an Adjutant.  During the whole time aforesaid, he was constantly under the command of his [illegible] Officers, and engaged in the duties of his station, and not engaged in any evil pursuits or occupations, any part of the time.  He
[illegible] the Court to the Reverend Lemuel Burge a Clergyman of the Episcopal Church residing in said North Kingston, and to Benjamin Smith Esq of said Town, both of whom, are intimately acquainted with him, and will testify as to the goodness of his character for truth and also as respects the representation & belief, in the Neighborhood, where he resides, of his having been a soldier of the Revolution.
He hereby relinquishes his claim, to any pension or Annuity except the present, and declares, that his name, is not on the Pension Roll of the Agency of any State.

                         [Signature] James Updike

Sworn to & subscribed in open Court the Day and year aforesaid - 
  [Signature]  Jon. Reynolds  Clk
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We Lemuel Burge a Clergyman, residing in the Town of North Kingston, and Benjamin Smith residing in the same, hereby certify that we are well acquainted, with James Updike, who has subscribed and sworn to the above Declaration,that we believe him to be Twenty one years of age, that he is repected and believed in the Neighborhood where he resides, to have been a soldier of the Revolution; and that we concur in that opinion - 
                [Signature] Leml Burge Pastor 
               of St Pauls Church  North Kingston(?)
                  [Signature] Benjamin Smith

Sworn to and subscribed in open Court, the 13th day of January 1834
[Signature] Jon. Reynolds  Clk 

In the said Court, do hereby declare their opinion after the investigation of the matter, and after [illegible] the interrogative, prescribed by the War department that the said James Updike, was a Revolutionary Soldier and served as he states.  And the Court further certifies, that it appears to them that Lemuel Burge, who has signed the proceeding certificate is a Clergyman resident in the Town of North Kingston, and that Benjamin Smith, who has also signed the same, is a resident of the Town of North Kingston and is a credible person, and that their statement is entitled to Credit

               I [Signature] Jonathan Reynolds
Clerk of the Court of Probate for the Town of North Kingston in the County of Washington, in the State of Rhode Island & Providence Plantations
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do hereby certify that the foregoing contains the original proceedings of the [illegible] Court, in the matter of the Application of James Updike for a Pension -   
                              In testimony inhereof, I have 
                              hereunto cast my hand and 
     SEAL                 the seal of said Court, this 
                              13th Day of January, in the 
                              year 1834
                         [Signature] Jon. Reynolds   Clk
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Revolution 22028 
INVALID.
File No. 22,028
James Updike
Adjntant Rev War
Act: June 7” 82” 
Index:-Vol. 2 , Page 428 [/handwritten]

[ Arrangement of 1870. ]
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Awaiting the return of the old certificate
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James Updike, R.I.      Act 1832
                                  Admitted


                                          I.H.
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I have known James Updike from my earliest youth as he resides in the village where I completed my academic studies.  He is a branch of one of the most respectable families in [illegible] and we have not(?) a more respectable citizen among us.  In my opinion all his statements in his pension application are entitled to full credit
                    [Signature]  Dutee J. Pearce

Washington   February 11th
           1834
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[The following is written vertically on the page]
L. Edwards, Esq
Commissioner
Pensions
Washington

[The following is written horizontally on the page]
[Signature] Hon. D.J. Pearce
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[illegible], where [illegible] upon, and [illegible] the [illegible] in this case (the case of James Updike to me - [illegible] you [illegible]to [illegible] your attention to the application of David Bissell, one that has been some time [illegible], and find me [illegible] his certificate
                      your obedient svnt
            [Signature] Dutee J. Pearce

JL Edwards, Esq
                           January 30th 1834
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Hon. J.L.Edwards
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                              Senate Chamber
                             Aug 7, 1850

My Dear Sir,
                  I take the liberty to hand you the accompanying letter from Mr. W. N Shearman, who was a pensioner from 1832 to 1842, when his pension was stopped -  I know nothing more of him that is derived from his letter.  Will you have the goodness to ascertain the cause of the discontinuance of his pension and advise me - 
     I take this mode of making the inquiry as less troublesome to you than a personal call & inspection
                                Very truly [illegible]
[Signature] John H. Clarke

J L. Edwards Esq
Com. of Pensions
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James Updike
Papers

15 years old when he was [illegible]

on. D J Pearce
             HR
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     The application of James Updike for a pension under the Act of June 7, 1832, has been heretofore acted on by the Department and the application granted, and the payment since suspended.
     In order to ascertain the propriety or justice of the granting the pensioner suspension thereof, we  must look at the Declaration of the applicant, and the proof accompanying his Declaration -  and also, at the situation of the County in which he resided, and the Nature of the service, which he rendered. -
     The Declaration of the applicant was made on the 18 January 1835(?) -  he was then 71 years of age - but it is unnecessary to go into a detailed Statement respecting his services, and the length of time - and period which he claims to have served, as all that will appear by reference to his Declaration, and the Depositions thereto attached - now in possession of the Pension Department
     It is sufficient therefore to observe, that, as respects the services claimed to have been rendered as a private and [illegible], previous to his appointment as a Adjutant in June 1777 - there is no proof of their having been performed accompanying the Declaration -  the reason for this is obvious, the applicant claiming in the [illegible] declaration to have served afterwards as adjutant of the Regiment to which he belonged, a sufficient period of time to entitle him, under the act to full pay as an Adjutant - no attention was paid to collecting or attaining proof of those services - but directing all his attention to making out his Services as Adjutant -  his establishing those Services to the satisfaction of the Department, being sufficient it entitle him to full pension.
     That he was appointed Adjutant, at the time he states, is fully proved by the deposition accompanying his Declaration.
     He states, that in June 1777 he was appointed Adjutant to the Regiment of Militia in which Charles Dyer was Colonel.  He also gives reason for his appointment, that he had made himself acquainted with military tacticks, under the direction and tutelage of Officers engaged in the Service of the Continental Army -  and it is a fact well known, that in those days and particularly in Rhode Island, that Men, at all acquainted with military matters, were very rare - and Mr. Benjamin L Peckham, mentioned in the Declaration - the Man from Whom Mr Updike derived his military knowlege, was a Captain in the Continental Army, during the revolutionary War, and enjoyed a pension until the time of his decease, under the act of 1818.
     In this case, all the forms prescribed by the pension department, in the circular under the act of June 7 - 1832 are complied with - the declaration is made before a proper court -  the certificate of a clergyman, and also a of a resident in the Town in which the applicant resides, in conformity to
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to the instructions - is annexed, and two more respectable men, live not in Rhode Island, nor in any State in the Union. - No Man need fear to pledge himself for the correctness of their Statement on any occasion.
Mr Burge, the Episcopal Clergyman, is above reproach -  he is as well known, abroad as at home - esteemed & respected by his [illegible] Neighbours and by all who know him - His standing is as fair as any Clergyman in Rhode Island - his reputation in every respect unimpeachable - his piety - undoubted.-
     As respects Mr Benjamin Smith, second signer to the certificate, he is as fair a Man as is to be found in any community - he has been honoured by the People of his native Town & State with Many appointments, which show the estimation , in which he is held by them - he was President of this Court of Probate for the Town of North Kingston at least ten years -  Member of the House of Representatives of Rhode Island from North Kingston many years - also Town Treasurer of said Town - Member of the  State Senate from 1817 to 1829 - being annually chosen every year, and again elected in 1831 & held the office until 1833 - and has since been elected by the Legislature of Rhode Island, a Judge of the Court of Common Pleas for the County of Washington -  he is besides being a most respectable and useful Man, the oracle of the Neighbourhood in which he lives - No Man is blessed or cursed(?) with a better memory - when a fact is to as certained by reference to the the Memory of individuals in the Neighbourhood,  Benjamin Smith is applied to. - he is a man well Known never to forget, and altho' of too young an age to serve himself in the War of the revolution; he was not too young to recollect the events which happened at that time in his own neighbourhood, on the contrary, he was , at the time of the Revolution, of an age, when events that happened, are most firmly impressed on the Memory; and the numerous instances in which his Depositions can be found, in favour of applicant for Pensions at the Department, Show the confidence which his neighbours place in his integrity and in his Memory; - and it is not to be believed  or suspected even for a moment, that a Man would(?) so generally have been called upon as a witness, unless it was understood by his neighbors, that he was a man well acquainted with the history of the Revolutionary War in his neighbourhood -  of a good character for truth, and a good memory. - 
     In addition to this,  there is the of the said Benjamin Smith, taken since the Making of the Declaration, and the Deposition of John Spink, William Wall, and Ruth Thomas. - these Depositions established the fact of his having been appointed as Adjutant in manner by them stated, beyond dispute, - they swear jointly to the fact of his acting as Adjutant, and [illegible] him
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him many times on duty in that capacity of his being uniformly called Adjutant; and it being universally understood that he was such -
     It is useless to multiply Depositions and proofs upon the Subject -  if the Depositions already addressed are not sufficient to establish the fact of his being appointed and acting as Adjutant, none can be produced that will give satisfaction - we cannot recur to the records of the State, to establish the fact of his appointment as in the case of commissioned officers, it being well known that the adjutant is not a commissioned Officer, but is appointed by the Colonel [illegible] - and sometimes receives from him a written appointment. - and that the written  appointment in this case should have been lost, as stated, is not at all surprising, and is a fact well known, that most of the commissioned Officers lost their commissions.
     The objections, which are stated as as the cause of the suspension of his pension, appear from a letter from the Commissioner of Pensions to S.G. Sherman, the agent of the applicant dated April 9-1835 - 

     It is there stated "that on communication of his papers, it is found to be impossible to recognize his rank, or the extent of his actual services, unless proof that he was duly appointed to that rank, and a detailed statement of each term of his Services away from home, shall be given. - In 1777 the claimant was but 15 years old - that he should, at that age, have been appointed adjutant of a Regiment , in actual service, is not very probable, and can only be admitted upon the best evidence - the vague statement of the only witness who supports his rank is not sufficient and that the payment of his allowance cannot be ordered to be resumed, until he shall furnish, in addition distinct and satisfactory evidence on this point, and a full Statement of the actual Service for which he was paid, as distinguished from [illegible] to serve at home which is not provided by Law". - 
     Before we proceed to notice the objection contained in that letter, is is necessary to observe, with all due deference however, that the assertion therein contained, that the vague statement of the only witness who supports his rank is not sufficient, is very obviously a mistake, as will be see at once by recurring to the papers. - Besides the Oath of the applicant, himself, which is positive and specific as respects his appointment and rank, the Deposition of John Spink, William Wall, and Ruth Thomas are annexed to the Declaration -  all of which are positive as to his being called adjutant and to his being Known to be adjutant, and of his acting as such during the time by him alledged. -  They could not know to a certainty his
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his being appointed unless they saw a written appointment from the Colonel - but they State what is equivalent think, the facts of his acting as Adjutant  - of his acts being recognized, and obeyed, and his quartering with the Officers, and his being called and reputed to be adjutant, - the facts therefore of his appointment are clearly made out, and cannot be doubted, unless the witnesses are perjured, which is not to be believed from their character at home. - 
     In addition to their depositions, the Deposition of Benjamin Smith, respecting whose character and standing enough has been said, has, since been taken and forwarded to the Department and is herewith again presented, - he is positive and specifik as to the Applicant acting and being recognized as Adjutant. - as to the objection respecting the age of the applicant, and the fact of no detailed statement of each term of his Services away from home not being furnished, as stated in the aforesaid letter; they will be found to be wholly untenable; when the situation of the Country in which the applicant served, his situation and qualifications as an individual, and the nature of the services by him claimed to be rendered are properly considered - and the surprises manifested in said letter, that he should, when only fifteen years of age, have been appointed adjutant to a Regiment in actual service, will vanish at once, when the situation of that Regiment and the nature of the Service rendered by that Regiment are taken into consideration; - for it is not pretended that the whole of that Regiment ever was, at any time, actually embodied and 
 exposed to any hard service, except in two instances, the time of General Spencer's expedition - so called, in the fall of 1777 and General Sullivan's in 1778. - 
     But all the applicants for pensions, who claim to have served in that Regiment, and all from the State of Rhode Island, who claim pensions on account of services performed in the Militias, it will be found at once by reference to their Declarations and Depositions accompanying their declarations (if it is now recollected), are uniform in their statement, that during the time the enemy held possession of Newport, a period of three years from the fall of 1776 to 1779,- the Coast of Narragansett Bay was a scene of continued alarm and pillage, and the theatre of a partisan warfare, which altho' it was not very sanguinary, was arduous and continual, -  the Enemy had, not only possession of Newport and all the Island of Rhode Island, where they kept a Garrison, but also of all the Islands in the Bay, and Kept a large fleet in the port of Newport and in the Bay the whole time. - A large part of the Inhabitants, adhered to the enemy, joined themselves to them at Newport, - Landings were made on the Shores of the Bay almost daily for the purpose of pillage and rapin, vessels were daily driven on shore. - houses burned, men
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men obnoxious to the British, Wired (?) & carried off, with provisions & cattle.  But few continental troops were in the State, and a part of the time, none and but few state troops, and the most always stationed at Providence to guard against the Landing and ravages of the enemy. - To protect the fire sides and property of the citizens, devolved wholly upon the Militia of the state. -  To have called them out in a body and to Kept them under arms and embodied in any one or two places, would have been useless - the business of the Country would have been suspended, and no man would have been found to till the ground -  
     Sometimes therefore one half of the Militia - sometimes one third - sometimes one quarter, according to the exigences of the case, were called out and stationed at various places along the Shores of the Bay - in Shale(?) bodies so near each other as easily to communicate the alarm, and easily to unite in case of the Landing of the enemy. - 
     These facts appear from the nature of the time and the well Known course of Militia service. - They also appear, as before observed, from the Statements of Applicants for pensions from Rhode Island, and from the proceedings and acts of the General Assembly of the State at that period; for during all that time, the Assembly met monthly, and I presume their acts and proceedings are in possession of the Department. - The individuals composing the detachments, were generally called to serve a month at each time and sometimes for a Shorter period, and at the expiration of their term of service; were relieved by others. - But all were called on, whenever there was an alarm that the enemy were landing, and all were bound to repair to their ports at a moments warning. - 
     The enemy carried on the war, in a Sanguinary and brutal manner, and harrassed the country perpetually by real and pretended landings. - Thus they kept the people in perpetual alarm, and all the militia, and all those actually on duty Standing guard on the Shores; and those not on duty literally slept upon their arms. -  the business of all belonging to the militia, was in fact suspended, except those who were able to procure a substitute. -  during all this time, the enemy gained no foot hold on the main, notwithstanding the repeated landings, but were always compelled to retreat, and numerous instances occurred in which their repels, after getting on shore were compelled to surrender to the militia.  The Regiment, to which the Applicant in this instance belonged, was composed of the people inhabiting the Shores of Narragansett Bay. extending from point Judith, to the line of the County of Kent. - presenting a coast open to the ravages of the Enemy, thirty miles in extent on the Bay, and twenty on the Shores of the ocean. - Much duty therefore must have been done by that Regiment - much actual service must have been performed by them even according to the construction
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construction of the terms, "duty and actual services" by the pension Department. - At any rate, whatever might have been the actual account of services performed by the Company Officers and privates of that Regiment it is certain that according to the situation of the time, the country, and the Regiment, the duties of the field Officers of the Regiment must have constant and unceasing, and they must have been in actual service the whole time, - as much so as the Officers of the Continental Army, or State Troops. -  The Colonel must of course had the command of all the different detachments of guards belonging to his Regiment, which detachments, must of necessity have been scattered over a coast of thirty or more miles in extent - must have seen to the calling out of the detachments for the relief of those on duty, when their terms expired. - to the apprehending of the delinquent[illegible] - and must always have been ready all times and oft times under the necessity of repairing to the places of alarm, and calling the different detachments together to prevent the landing of the enemy. - the duties of the adjutant must have been of the same nature, and must have been constant and unremitting; he must daily in his capacity as adjutant, have been under the necessity of visiting the different ports to carry the orders of the Colonel, for the Colonel could not have attended to all his duties in person. - he must at all times have been engaged in drilling, inspecting, and exercising the Men, calling our the different detachment, Keeping a register of the orders [illegible] - 
     Such are the description of duties, which the applicant in this case states in his declaration, that he performed, and is also in perfect accordance with the depositions in  this case.  He states, that  having previously made himself acquainted with military tacticks, and busy upon intimate and friendly terms with the Colonel and other Field Officers of the Regiment, he was appointed adjutant of the Regiment and did the duty of adjutant ever after that  and remained in the same quarters with the field Officers of the Regiment, Kept an exact detail of all the duties of the Officers and non commissioned Officers of the Regiment, also Kept a book, which contained daily general and other orders, under direction of the Colonel - daily assembled parades of Guards and detachments - inspected their dress, arms, and accoutrements, ammunition [illegible] - formed them into Platoons and sections - conducted them to their places & stations, and States the different places which were the head quarters of the Regiment  or field Officers  - these statements are borne out by the proofs in the case. - It is Obvious at once that such duties were necessary to be performed, and equally obvious, that they could be performed by
Page 33

by a Young man of good education, and tolerably versed in military affairs, as well as by a middle aged man - The applicant in this case was quite young at the time of his appointment, but little over fifteen years of age - But a young man of good education, and of a wealthy and influential family, and it is well known that in those times, men of education were rare in Rhode Island, and also well Known, that it was considered important to obtain young men of wealthy and influential families, to take an interest in the military service, as thereby others were induced to serve with less reluctance - 
     The Father of Mr Updike, at that time, was one, if not the largest land holder, in the State of Rhode Island, and was liable to do military duty; and he states in his declaration that the Colonel excused his Father from liability to serve, upon condition that his Son James, the applicant in this case would always be ready to Serve in his stead - such instances were not rare in those days, there are numerous cases on file in the pension Office, where the applicants claim, and are allowed for services rendered before they were of age, to do duty themselves as substitutes for their fathers, or for others, - which shows, that it was by no means uncommon in those days, for young Men, who were under the age which made them liable to do duty on their own account, to be received as substitutes for others; and such practice was founded on reason - as old men were according to the nature of things more averse to serving than young men - and besides that as it was foreseen by every one, that the war would be of long duration, the publick good was thereby greatly promoted, as   such men would be gaining information which would enable them to make better Soldiers or Officers, when they became liable to do military duty themselves. -
If the Colonel therefore in this case, saw fit to excuse the father and take the son, as he had a right to do, instead of the father, and make an adjutant of the Son, and the Son performed such duties as the Colonel requested of him, as was done in this case, what possible objection can there be to the grant of the pension?In May 1778 the applicant became of age to do military duty, and was nearly as old as the Gallant Marquis LaFayette, when he first came to this country, or as General Harrison, when first appointed aid to General Wayne -  or as many others who performed important revolutionary services; 
     the objection therefore respecting his age is fully answered.  And it will be seen at once, that the other requirement in the letter of 7(?) April, 1835 before referred to S.G. Sherman, requiring a full Statement of the actual service for which he was paid away from home
Page 34

from home, as distinguished from men readiness to have  at home, which is not provided for by law, has already been complied with - as much So as can be from the nature of the case, - and that considering the nature of the Service, the Declaration and depositions are as complete and specifick as they can possibly be, and that it is improbable, from the length of time, to give a more detailed account of the services, as they were daily, constant and unremitted, as much So as the field officers of the regular Army - to require a more detailed account of the services in the case, is in effect to defeat the act so far as relates to all commissioned officers, and it is therefore confidently hoped, will be insisted on. - 
     Mr  Updike, without doubt has his enemies - and who has not?  he has [illegible] to be feared - many - as he has once been wealthy - has been engaged in extensive business - has been unfortunate - has failed and now become poor. - Such men it is [illegible] Known, have many enemies - [illegible] then who have a claim against them for a dollar think they ought to have their pay, if it takes the last cent from the pocket of the debtor, and feel a natural hostility towards him, when in comfortable circumstances. - Busy intermeddling and malicious men, are to be found every where, and Low such persons, may have made statements to the pension Department, injurious to the merits of this claim, under pretence of being actuated by regard for the publick good, when in fact, actuated by malicious feeling; but it is unworthy of, and beneath the Department, or any other department of the Government to listen to communications coming from unknown & irresponsible sources, or to communications of any kind, made in secret and without the knowlege of the pensioner of applicant, - Such a course would make the pension Office, like the lions mouth at Venice, a common receptacle for the mere effusions of  prejudice, envy, malice and Slander, and ought not to weigh in this case against the declarations of the applicant.
     The Depositions, which support those Declarations, proved, as the applicant and the Deponents are, to be of good character for truth and veracity - and supported likewise as their Statements are, by a strong chain of facts and circumstances, which amount almost to conclusive proof - and the certificate of two respectable citizens of the Town, one of whom is an Episcopal clergyman, and a certificate of the Court of Probate in the town in which the applicant resides, relative to their belief, and the belief of the neighborhood, as respects the  truth of his statement, considering the absence of all records and documentary evidence, or almost all. - as respects the services of the Militia in the revolution[redaction] the
Page 35

The [illegible] number who are non living, and the age of those who are now living to give testimony, and the length of time which has elapsed which is more than the ordinary age of Man. - 
     It is not all surprising that doubts should exist, relative to the Services of individual, and that conflicting statements should be made. - Under these circumstances, it behooves the Department to be liberal. - and altho' they ought not to grant all applications indiscriminately and without proof - neither ought they on the other hand to require such strict and absolute proof and such a uniformity of statement as cannot be had, which would in effect defeat the Act
Page 36

[Information at the top of this page illegible except for the date]
 May 5

[Further formation is written vertically and reads]
J.L. Edwards Esq
Comm. of Pensions
Washington
        D.C.
Page 37

Newport  May 2? 1837

Dear Sir
          Herewith you will receive the Pension certificate granted to General James Updike, which is summoned according to your request - Please in reply, send me the certificate of what he will be entitled to some [illegible] when his [illegible] this certificate was suspended -              
               very respectfully
                   yours
[Signature]  Dutee J. Pearce

J.L.Edwards, Esq}
Comm of Pensions}
Page 38

     Payment to be made at Providence 
by Paris Hill Esq Agent for paying pensioners, in the Agency of R.I.




Recorded in the Pension Office, in Book E  Volume 2 Page 104 by H E. Robinson  Clerk
Page 39

I certify that, in conformity with the law of the United States, of the 7, June 1832. James Updike, who was an Adjutant in the Revolution, is entitled to receive at the rate of three Hundred and twenty dollars per annum, Commencing on the 4"September 1834, and continuing during his life, deducting what has been paid at the rate of One hundred and Sixty dollars per annum.
     This Certificate is ifined in lien of one dated on the 5"May, 1837

            Given at the Department of the Interior, this 8th day of March one thousand eight hundred and  [crossed out]forty fifty one
                  [Signature] Alex H.H. Stuart
                    Secretary of the Interior

Examined and}
Countersigned}

                                   [Signature] JE.Heath
                            Commissioner of Pensions.
Page 40

                 Washington  Jany 11th 1851
James C. Heath Esq
Commissioner of Pensions
                                   Sir:
                                      Upon a wrtten application to you by Major James Updike of Rhode Island, I was permitted to see the papers filed in his case.  In the examination, I had a threefold object  - to see the evidence adduced in support of the claim; by whom it was allowed; and finally the reasons for its suspension.
     Before I proceed to review the alleged service of James Updike and the evidence in support of it, I must beg to be allowed an introductory remark, with the object only, that a more ready and satisfactory conclusion in the review of the claim may be arrived at.
     History informed us, that early in the month of December 1775, the British Troops took possession of New Port, Rhode Island, and evacuated on the 27. October 1779. Before, and at that eventful period of the War, James Updike resided at a place known as North Kingston, not distant from the Bay Shore opposite Newport.
     In his declaration made under oath, he states, when the landing of the enemy took place (at New.Port) in 1775 "all that were of sufficient size were called upon to do duty, no matter what was their age".  He was called out and did duty in a course of alarms, and adds, "as these duties were of short duration, he cannot specify the exact times"
     In the Spring of 1775 his Father, L. Updike was
Page 41

2
was called on to perform Military duty in standing guard on Shore, and he the said James Updike, being then 14 years of age, and as large as he now is (in 1834) was received as his Fathers substitute, and thus exempted him from duty; and being ready at all times and occasions to serve in his Fathers stead, made himself acquainted with Military order, and by the aid of Continental officers acquired a knowledge and learned the Manual exercise.
     In 1776 he served in Tours of one week each, as a private.  In January '77 he was promoted to a Sergeant and served also in the month of May.  In June '77 Charles Dyer was Col. of the Regiment; R. Stroud Lt. Col.; Thos Clark, Major; and as he was friendly with all the officers and acquainted with Military duty, he was appointed Adjutant to the Regiment.  Kept an exact detail of all the officers which continued in service [illegible].  That the Head Quarters of the Regiment for the first six months after June '77 was at Sangs House called N. Kingston.  In 1778 they quartered at a House of       Fowlers.
     At the time of General Sullivans expedition to Rhode Island, he was in several encounters with the enemy, and on the 28th of August a bloody battle was fought in which the horse under Col. Dyer was killed.  He relates several other incidents, and finally when the enemy entirely left New Port in Oct. 1779 he was called out no more.
     Of the evidence presented in support of James Updikes service as Adjutant, there is an affidavit of John Spink who also resided at North Kingston, and was a pensioner
Page 42

                                                                     3
=sioner under Act June 7, 1832 at the rate of 
$73 33/.. on account of his service as a Militia Man of Rhode Island.  He testifies he was a Soldier of a company in a Regiment commanded by Col. Charles Dyer.  That he knew James Updike from the year 1779, as Adjutant of said Regiment.  He always quartered with Col. Dyer, received his orders, drilled and exercised the men and made out written orders [illegible]
     William Wall is also a pensioner at $80..a year; he too lived near James Updike.  He testifies, that during the War of the Revolution he was a soldier in the Militia, belonged to Col. Charles Dyers' Regiment.  That James Updike was then acting as Adjutant and had that title, and quartered with the officers; have seen him carrying orders as Adjutant, he was quite active; this service was performed when the enemy was at NewPort. 
     Benjamin Smith of North Kingston testifies (in 1824) he was then 70 year old - he lived near Colonel Charles Dyer and James Updike served as Adjutant when the enemy was in possession of New-Port and filled that office until the enemy left.  Guards were established at the Village of Kingston and along the Bay Shore in many places; have seen said Updike doing duty as Adjutant and exercising men.  He was quite young but as large as men are.  Had a better education that most men and was considered well qualified for the appointment.  Most of the time the enemy was at New Port
Page 43

4

one half of the Militia were out, as the enemy kept the people in constant alarm in landing and committing depredations for three years.
     But there is another affidavit which should be duly considered, and specially regarded, because the facts are elicited under peculiar circumstances and detailed so clearly, that; from its very character, it carries conviction to my mind of it correctness, even if there was no other testimony to the same effect.
     The affiant declares under oath to facts, gathered when impressions were susceptible, strong and lasting. That in the year 1776.'9
she lived with her Father George Thomas near the village of Kingston Rhode Island, close to Col. Charles Dyer, and near the residence of James Updike, during the years the enemy had possession of NewPort [the phrase "enemy had possession of NewPort" is underlined].  Her Fathers house was often the Head Quarters for the Officers and at that time she states James Updike was with the Officers and had the name of Adjutant and was so called [the phrase "Adjutant and was so called" is underlined]. "Was quite a young man" and at that time was extremely active, often came to" her Fathers house during the War upon business with "her Father as adjutant of the Regiment, as she was" told."
     All these facts are stated to have occurred when Miss Ruth Thomas, at the time was about 15 years of age; her testimony disclosed not only the important truth that young James Updike was an Adjutant for upwards of two years [the phrase "an Adjutant for upwards of two years" is underlined], but her solicitude to know the object of his calls at her Fathers house during those years
Page 44

                                                                   5

years. this was not unnatural to her sex - in short, her affidavit, in truth, is worth the testimony of a company of soldiers - and fixes the facts beyond all question.
     Having stated the ground upon which the pension was clamed and the testimony in support of it, the next question that arises is, by whom was the claim originally examined and allowed?  It may be proper here to state, that it has been the  practice of your office when a case is admitted, the person making the allowance wrote his name on the covering.
     In the case of James Updike there are two endorsements - one by the late Chief Clerk      "admitted", and then "Adjt. 2 yrs.      by order of Mr. E." [the phrase "Adjt. 2 yrs.     by order of Mr. E" is underlined]
     Now, the always scrupulous caution of the late Commissioner in the allowance of any claim, is too well known to require any comment.  No claim was ever allowed by him, unless in his judgment it was supported by the most conclusive testimony.  We cannot suppose, therefore, the case of James Updike an exception to the ordeal all underwent [the phrase "exception to the ordeal all underwent" is underlined].  Indeed we have evidence to the contrary in the superscription, that the claim was allowed by the Commissioner himself for two years as Adjutant, and after it had been admitted by the Chief Clerk"
     The question is here presented, upon what reason of representation was this claim suspended?  There is nothing on file to justify any opinion, still, we know that some oral or written communication must have been made to have caused a re-examination and suspension of the claim
Page 45

There is an anonymous letter on file, written immediately after the suspension of James Updike's pension, claiming and recommending the suspension of some twenty other named cases.  This writer states he was born in 1765, so that he was but 10 years of age in 1775, and at the very time James Updike was in actual service as a Militia man.  Can it be possible then, and yet it seems to be so, that this writer who had not the moral courage to subscribe his name, and by his own statement was too young to bear arms, should be regarded as sufficient authority for the Department to suspend the pension of James Updike, whose statement was made under oath in open Court, the Judges credibility, respectability of the applicant; the testimony of four Soldiers who served in the very same Regiment & under Adjutant Updike, the Certificate of the Hon: Dutee J. Pearce former member of Congress, and also the affidavit of Miss Ruth Thomas?  In connection with all this, the late commissioners own deliberate opinion in the admission of the claim.
     The history of our Country and the War inform us, as before stated, that as early as Dec? 1775 the British took possession of New-Port and evacuated in Oct. 1779. during this period of time frequent and great depredations were committed in the Bay Shore and in the adjoining county; all this time the Militia was in actual service; not a continued service of the same men, but alternately; our own judgment, under the perpetual alarms that then existed, must bring to our minds
Page 46

minds the iresistable fact, that some portion of the Militia were always out [the phrase "always out" is underlined]; and altho the men may have served in alternate or disconnected Tours, the officers were always in command.  Such being the fact, the service of an Adjutant was as indispensible as that of a Colonel or a Captain.
     It is ascertained, the names of the two pensioners, James Spink and William Wall [the names James Spink & William Wall are underlined], under act '32, Rhode Island Roll; who testified in the case of James Updike were never dropped from the pension roll, (they were recommended by the anonymous writer to be suspended, and ["and" is crossed out] as not having served.)  If the reason which caused   the suspension of James Updike was well founded, the same should have applied, and with equal force to the Soldiers who served under him.
     The effect of the suspension has not been only cruel but oppressive in the extreme; it not only reduced him to penury, but forced him to the County poor-house; this with the total loss of the sight of both eyes, moves the feelings of our nature with commiseration and sorrow, the more so, because it is contended the suspension was wrongfully made; if not were for the reason (and no other appears) than upon the ["the" inserted] anonymous communication or upon an oral statement.
     And now, while the liberality evinced and carried out by Congress and the department in the administration of the pension laws, and
Page 47

and the very many restorations to the pension
roll of those cases that have been suspended,
(both of [underscore] Officers and Soldiers [/underscore) I have to urge, in behalf of my constituent, on the ground of strict justice, that his name be restored to the pension roll, at the rate of $320.00, the original allowance made in the case.
I remain, Sir,
Very respectfully,
Your Obedt. Servt.
Alex. Ray
Note: my authority to act is on file with the papers.}
Page 48

Wickford  January 2nd 1834 - 
D.J. Pearce Esq

Sir
       I herewith forward to you, the application of General James Updike for a Pension, which I wish you to take to the Pension Office, and have acted on, as soon as possible.  I should not trouble you, with this Application, but should let it, take its course, were it not, for the femliar circumstances of the Case, which makes me desirous of an early [illegible] action, as [illegible], upon the Application. The General was once in very good circumstances as you well know, and is now very needy, and his friends are very anxious, respecting(?) the fate of the Application.;  Theis are also some [illegible], which only he raised, respecting the claim, which can only be [illegible] by someone, acquainted with the Laws and customs of this State,upon the [illegible]. [illegible] will [illegible], that he claims a Pension for service, as an Adjutant, which [redaction] [illegible] is the continental Army, and in some of the States may be chosen by the Legislature, for ought I know, that in this State,  the Adjutant has ever been selected by the Colonel of the Regiment, who may select any one, that he chooses, the Adjutant never has any commission, nor never is appointed in any other manner.  This always has been the case here, and is now.  So that you will [illegible], that we
Page 49

cannot obtain any better evidence, of his appointment than is contained in the Deposition.  By attending to this Application, you will confer a great favour on me, and the General, and on many of his friends, [illegible] Captain Alfred Updike, who is very anxious upon the [illegible].  The services one well [illegible], as there can be no difficulty, in granting the Application, unless the difficulty is raised which I suggested, which you can [illegible], by stating the [illegible] of this State.  The Rank and [illegible] of an Adjutant is that of a Leutenant.  The Application of Captain David Bissell of this place, has been some time, in the Office, at Washington, and he wishes you to attend to the same.  Please excuse my troubling you so much, as I will, endeavour to favour you as much - 

                             Yours truly
             [Signature] S.G. Shearman
Page 50

                              Wic

Wickford  RI

                  J.L. Edwards Esq
               Commitioner of Pentions
                    Citty Washington



[Vertically written on this page is illegible]
Page 51

Wickford R.I. June 20-1836
P L Edwards Esq
Sir your. Of the 11 I’nstand was Duly Recd. And I have Observed Its contents and Can only Say that Isaac Hull in the Street accused me of Informing Against Him and stoped his Pention.  I told him that I Knew nothing of his services in the Revelution and had Not written or said Any thing Abought him. It Did not Sattisfy him he went on and thretned me. Saying at the Same Time that he would Now yet and he [illegible] A Gainst the secretary for  Not telling who was their formers and Said that he would be obliged to tell yet and many other [illegible] to me. I supose he Is one that talked of sending Allen and said that they imployed Duty J. Perce last year and he gave him ten Dollars. I have heard that Phenak Brown, Hutchinson Coles John Northup, Pollipos Austin Samuel Thomas & James Updike. Ihave heard of this but Due Not Respect them now. I am Not the only person that they accuse  They have accused John Hall. and Christopher Klen & Duty J Pearce
I now two respectable persons that the he and James Updike say sence the subject of pentioners was advocated on Congress.  That He Never served One weeake in the Revelution and I Beleave that to be true for His Father was A Disfected man and Had Rather followed his Sons to their Graves than they Should of Gone into the war – 
I am yours with Due Respect –
Robert Eldred
P.S. If men will imploy
Attorney No Matter Wheather the
Man was in the Army or Not they
Can procure Evidence to prove
He was and I have heard that
A Lawyer Charged $70- for his
And the pentioner obtained Abought
$50- A year.

Atn. P L Edwards Commitioner
Of Pentions Citty Washington
Page 52






                        J.L.  Edwards, Esq
                                  Commissioner of Pensions
                                     Washington
                                            D.C.

[Written vertically on the right of the page]  
Hon. D. J. Pearce
                   HR
Page 53

Washington     January 31 st,  1837

Dear Sir,  I am too much engaged in committee rooms to rule(?) and see you at your room - otherwise I could go over with you the case of James Updike, and a [illegible] are which I now enclose to you this was prepared under my supervision and [illegible]  with the assistance of Benji Smith, which has never before been submitted to you; is I think [illegible] and ought to remove all doubts of [illegible] - I hope it will [illegible] your careful attention[the phrase "your careful attention" is underlined],  and if you are
not satisfied, before you so consider, let me know what your [illegible] will be - 
     I am [illegible] you further letter from one Peckham are the case of Col. Coles of Providence it appears to me that [illegible] Peckham [illegible] is one of the closest [illegible] I am acquainted with has shown what Col C. is entitled to the [illegible] -  If you would [illegible] from [illegible], [illegible] the case inables him to take the appeal of which he [illegible], to this Sunday of war  -  
                       your very obedient
                         Servant
           [Signature] Dutee J. Pearce
J>L>Edwards, Esq}
Commissioner of Pensions}
Page 54

Care at of 
Sundry pensions in Washington
County   Rhode Island
    Re  at  P. B.  6 of 1135


[There is an illegible circular stamp on te left of the page]

The Honourable 
Lewis Cass
Secretary of War
Washington City
Page 55

North Kingstown [insert] RI [/insert] March 27
Dear Sir you have begun a good work in this town by Suspending two of the Revolutionary pensioners Namely Samuel Thomas and James Updike for they have already drawn from Our government more Dollars then ever thay did hours Service In the Revolutionary war to my Certain knowledg for I was born in the year 1765 and was 10 years old when that War begun 
I have known them both from my Cradle and I am Sure that them two men never did more then one Weeks Service in that war.
Now Sir if you will Suspend about 8 or 10 more of them That altogether never did one year Service in that war for It done right [insert] in [/insert] my Neibourhood
I will give their Names
Daniel Updike never did one day in that war
Daniel E Updike Do – Do
Agustus Huling Do  for he Cant tell his own age within Seven years nor what year the war begun or ended
John Northup of Exeter never did one days Service for he was a [illegible] & was put up to do what he did [insert] by [/insert] the keeper of the poor
Isaac Spink did 2 month Service
Isaac Hall did 3 months Service and no more in that War 
William Reynolds did 4 months Service
Horace Babock is a [illegible] in this in this town but got Some of his Drunken Comrades to testify for him
The above Names ought to be Suspended from the pension role for they have already Defrauded my Government out of Money enough 
I dare not give my Correct Name for fear of private injury.  I Can give you the Name of them Deserves the [illegible] of Government  
Stukely Hill
Calleb Hill
Hutchinson Cole
Samuel Cole
John Spink
Oliver Spink
Keley Card
Jeremiah Hunt
William Wall
William Northup
William Helm
George Congden

Phenex Brown never did but 3 months Service in the Revolutionary war
As has Said himself Robert Eldred did but on month Service in that war
The Honorable Lewis Cass}
Secretary of war}
From your Friend and
The Friend of Government
a Republican Farmer
Page 56

[illegible] found in R. Island
April 6, 1835
Pension office
Page 57

[round inked stamp that reads “WICKFORD R.I. APR. 3”]
[illegible vertical handwriting]
J. L. Edwards Esq
Commissioner of Pensions
Pension Office
Washington City.
Page 58

Wickford April 3d 1835
Mr J. L. Edwards
Sir
Mr James Updike of this place, has received 
information from the Pension Agent in Providence, that notes have been transmitted from your Office, to [illegible] the [illegible] of his Pension for the present.
I am requested by Mr. Updike to enquire the cause of this suspension and what course he must [illegible] to give satisfaction, to the Department. By answering this as soon as convenient, you will [illegible] me and
him a favour- 
Yours truly
S. G Shearman
Page 59

July 14, 1843.
Jas Updike
for Increase

J. L. Edwards Esq
Commr. of Pensions
Page 60

Washington July 14th 1843
[illegible]
Enclosed you will find the application of James Updike for an increase of pension under act
June 7th 1832
I am very respectfully
Your obt. Svt.
D. D. Addison
Rhode Island case
J. L. Edwards Esq.
Comr of Pensions
Page 61

[illegible]
Rhode Island
James [three letters/misspelling crossed out] Updike
who was an Adjunct
Dyer’s Reg’s R Island
[illegible]
Act. June 7, 1832
Act 2 years adjutant,
$480 per Ann
[illegible] March 4, 1831.
deducting former payments
at $320 per Ann
Alexander Ray,
[illegible]
Page 62

                                     Washington
James E. Heath Esq          Jan 18.  1857
Com of Pensions
             Sir

                     In the case of James Updike  of Rhode Island, who claims a restoration to the pension roll under act 32. I presented ["by" is crossed out] in his behalf on the  11th ins.
     I have now to ask your attention to a case which has been allowed, and which in point of fact, in respect to the service and proof in support of it, in parallel with the applicant.
     In the year 1845 I presented a claim under act 7 June 32 made by the widow, in right of her husband.  Liet. John Weeden of Rhode Island dec.  On account of Services performed by him in the Militia.  he died in 1839 without having aperted a claim being a Quaker having religious Scruples:  Altho, he refused to make application himself still, he promoted the claims of Soldiers who served under him, in affirming to their service: and upon his affirmation the pensions were granted.
     The claim was disallowed by the Commissioner of Pensions on the ground there was no terms of service made out.[illegible]  from this decision I appealed on the 13 June 1845, and placed the claim before the Secretary in this view, that "the terms of service"setforth in the case of S. Remington, Ebenezer Carr and "William Smith as affirmed by Leut John Weeden,  should be con "-sidered as admissible in regard to his own terms of service" [the phrase "his own terms of service" is underlined]
Page 63

they being pensioners under act 7 June 1832.
     The inclosed copy of the commissioner's letter in the case of Sep. 23rd. 1843.  Shows the Secretaries decision.  And by reference to the papers in Leut. John Weeden, [insert] case under act 32, the statement he made here made will be found as represented. 
     I said the cases of Lieut John Weeden, and Adjutant James Updike's are [cross out] analogous, because they both served in the Militia, and at the same times [the word "times" is underlined], under Col. Charles Dyer.  and their service has been proven by some seven soldiers who served under them and who are now pensioners.
     It is claimed, that the case of Adj. Jas Updike is governed [the phrase "Jas Updike is governed" is underlined] by the decision of Secretary Marcy in the case of Lieut John Weeden [the phrase "case of of Lieut John Weeden" is underlined] both having served during the same year under the same commanding officer [the phrase "commanding officer" is underlined].  The Adj. being always in service as an important officer of the Regiment.
     With this important decision before you by Sec Marcy, I entertain the hope the case will receive your early, and favorable consideration.
                              I am very
                     respectfully yours
                                 OWSev
               [Signature] Alex Ray
Page 64

[Written vertically on the left hand side of the page ]
James Updike June 13
                   R. Island
[Written vertically on the right hand side of the page]     
               FREE.

[Written horizontally on the page]
[A circular stamp which reads]  Wickford  RI
           Jun. 9

J.L Edwards Esq
Commissioner of Pensions
Pensions Office
Washington City
Page 65

[Please review pages 65 & 66  as there are many gaps in the transcription.  Another set of yeses may help clarify the missing words.]

       Wickford   June 4th  1835
J.L. Edwards Esq

Sir

    Your letter of the NInth of April 1835, relative to the suspension of the Pension of James Updike is now before me.  I have delayed answering it for some time, untill the present, is [illegible] of being able to find, some pay Rolls,  or something of the kind, to have not succeeded is  the[illegible] as yet.  As [illegible] the evidence in his Case, his claim instead of being appointed by only one [illegible] as suggested by you is supported by the testimony of three, [illegible] John Spink, Wm Wall & Ruth Thomas - As is [illegible] making out a detailed a statement of his services away form home as, [illegible] suggested by you,  I am not aware of any way, in which a statement can be made, make [illegible], than the one in your possession, considering the nature of his services.  He was very young to be [illegible] at the time of his appointment, as Adjutant but it is not [illegible] that the whole of the Regiment, to which he belonged was at any time in [illegible] service - But during the time, the English
Page 66

[There are many gaps in this transcription.  Other eyes will be needed to help clarify many of the words.]

held possession of Newport from 1776 to 1779 one half of the Privates of each Company belonged to the Regiment, were drafted or detached, and stationed along the shores of Narragansett Bay, for the purpose of protecting  the [illegible] from Landings of the Enemy.  The Colonel  [illegible] held the command of these different detachments & the whole were under his [illegible] & [illegible].  Mr. Updike in his capacity of Adjutant, daily [illegible] posts by orders of the Colonel, for the purpose of carrying the Colonels commands, to the Company [illegible], who commanded those detachments, inspected, drilled & exercised the Men, called out the different detachments & - [illegible] duty as this, and(?) as [illegible] be done by a Young Man [illegible] Done.  This is History of the base, gathered from the old people [illegible] here - This duty was constant & unremitted(?), [illegible] he performed all that was required of him, and is ready to [illegible] if necessary, that he was always under pay, other testimony relative to his services, can be obtained then that already [illegible], but it will be of [illegible] the case [illegible] as that in your possession and no [illegible] can be made by him serving in any [illegible] from his declaration & from the testements in this [illegible].   [illegible] further [illegible] is desirable & the nature of the [illegible] is not as to entitl him to a Pension, ([illegible] further [illegible] as can be obtained will be forwarded - But if the [illegible] by him rendered, one of [illegible] a nature, as not to come,  within the meaning of
Page 67

constant & actual service,  under the Law, it will be of no use, to state any further trouble about it.    Please inform me, on this point - 

                                Yours [illegible]
              [Signature] S.G. Shearman
Page 68

Inc to $320 per annum, Payment to be made
coming 4 Sep 1834,
[illegible] former pay [illegible mark] at Providence
 at $160 per annum by S. Waterman, Esq
                      Agent for paying Pension=
                                ers, in the Agency of 
                                         R.Island

Allowed by Mr. Evans
        ___________

Increased to $480 after 
consulting Chief Clerk.
   April 25, 1851.

               Recorded in the Pension 
               Office, in Book E. Vol. 2
               Page 134 by D. Brown  
                         Clerk.
A. Ray
   Present
Page 69

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that in conformity with the law of the United States of the 7th June, 1832, [handwritten] James Updike of the State of Rhode Island [/handwritten] who was an [handwritten] Adjutant in the War of the Revolution [/handwritten] is entitled to receive [handwritten] One hundred and sixty [/handwritten] dollars [struck-through] and cents [/struck-through] per annum, during his natural life, commencing on the 4th of March 1831, and payable semi-annually on the 4th of March and 4th of September, in every year. [handwritten] This certificate is issued in lieu of one dated 27th February 1834, which is cancelled. [/handwritten]
Given at the War Office of the United States, this [handwritten] fifth [/handwritten] day of [handwritten] May [/handwritten] one thousand eight hundred and thirty= [handwritten] seven [/handwritten].
Examined and Countersigned.}
[handwritten] J L. Edwards [/handwritten]
Commissioner of Pensions.
Page 70

WAR DEPARTMENT.

REVOLUTIONARY CLAIM.

I certify that, in conformity with the law of the United States of the 7th June, 1832, James Updike of the State of Rhode Island who was a Adjutant, in the war of the revolution 
is entitled to receive Three hundred and Twenty dollars and - cents per annum, during his natural life commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.

Given at the War Office of the United States, this Twenty Seventh day of February one thousand eight hundred and thirty four 

Lew Ca[illegible]
Page 71

[handwritten] [illegible] In letter to P. Agt
Feb. 26, 1835
(See letter among caveats)
[illegible] S. G. Shearman 9 April 1835
“ 18 June 1835
do. to Hon. D. J. Pearce July 22d. 1835
27196
Rhode Island
James Updike [/handwritten]
of [handwritten] North Kings on [/handwritten] in the State of [handwritten] R I. [/handwritten]
who was a [handwritten] n Adjutant. [/handwritten] in the, [handwritten] Compy. [/handwritten] commanded by Captain [handwritten] ‘ Brown [/handwritten] of the [handwritten] Regt. [/handwritten] commanded by [handwritten] Colo. Dyer - [/handwritten] in the [handwritten] R I [/handwritten] line for [handwritten] 24 Months Adjutant [/handwritten]
Inscribed on the Roll of : [handwritten] R I. [/handwritten]
at the rate of [handwritten] 320. [/handwritten] Dollars. [blank] Cents per ann to commence on the 4th day of March, 1831.
Certificate of Pension issued the [handwritten] 27 [/handwritten] day of [handwritten] Feb. 1834 . . . . [/handwritten] and [handwritten] Sent to Hono. D. J. Pearce H Representative [/handwritten]
Arrears to the 4th of [handwritten] Sep 1833. $- 800- [/handwritten]
Semi-anl. allowance ending [handwritten] 4. Mar 34 - 100 
$960 [/handwritten]
{Revolutionary Claim, Act June 7, 1832.}
Recorded by [handwritten] George Taylor [/handwritten] Clerk,
Book [handwritten] E [/handwritten] Vol. [handwritten] 2 [/handwritten] Page [handwritten] 134 [/handwritten]
Page 72

[Left side of the page]
Set - h DD Addison Sep 6 [year redacted]
" to Hon E R Potter [illegible]
7Deb 1844 - do. to Hon. H. Johnson, 9 March 1846 - 

[Right side of the page]

              R.Island  27,196
==============================
                  James Updike
of Washington Co. in the State of R. Island
who was an Adj't   in the Company commanded by Captain Brown of the Regt. commanded by Col. Dyer   in the R.I. line for 12 months
==============================
Inscribed on the Roll of R. Island
at the rate of 160 Dollars--Cents per annum
to commence on the 4th day of ["March" is crossed out] September, 1834
==============================
Certificate of Pension issued the 5th day of ["April" is crossed out]May 1837 and sent to Hon. D.J.Pearce, Newport, R.I.
==============================
Arrears to the 4th of March '37        480.00
Semi-anl. allowance ending to Sep    80.0
                                                          =====
                                                       $  560.
                               {Revolutionary
                               {Act Jun [Right edge of page appears to be torn away]
Recorded by D. Brown
Book 8        Vol. 2      Pag
Page 73

[handwritten] 27.196
Rhode-Island
James Updike [/handwritten]
of [handwritten] - [/handwritten] in the state of [handwritten] R. I. [/handwritten]
who was a [handwritten] n Adjt. [/handwritten] in the [handwritten] ~ [/handwritten] commanded by Captain [handwritten] ~ [/handwritten] of the [handwritten] ~ [/handwritten] commanded by [handwritten] ~ [/handwritten] in the [handwritten] R. I. [/handwritten] line for [handwritten] 12 mos Incd. from $100- [/handwritten]
Inscribed on the Roll of [handwritten] Rhode Is [/handwritten] at the rate of [handwritten] 320 [/handwritten] Dollars [handwritten] ~ [/handwritten] annum, to commence on the 4th day of [strike-through] March [/strike-through] [handwritten] Septem [/handwritten]
Certificate of Pension issued the [handwritten] 8" [/handwritten] day of [handwritten] March 1851 [/handwritten] and [handwritten] sent to A. Ray Prerent [/handwritten]
Arrears to 4th of 
Semi-anl. allowance ending 
{Revolutionary Claim, Act June 7, 1832.}
Recorded by [handwritten] H. E Robinson [/handwritten] Clerk,
Book [handwritten] E [/handwritten] Vol. [handwritten] 2 [handwritten] Page [handwritten] 134 [/handwritten]
Page 74

[underscore] Copy [/underscore]
Pension Office
Sept. 29. 1845
Sir
In the case of John Weeden, decd, the Secretary of War has decided to allow a pension for twenty months service as Lieutenant but before a certificate can be issued to his widow, the Court should certify the day of his death.
I am, very, respectfully
Your Obt Servt.
(signed) J. L. Edwards
Alexander Ray Esq
Present
Page 75

Washington
March 28. [illegible]
J. C. Heath Esq
Sir
In the case of James Updike of Rhode Island act 37 (the paper filed in his case show my authority to act.) He has been pensioned and an adjutant at the tate of $320 per annum. He served as an adjutant from 1776 to the winter of 1779; under the decision of your office, Adjutants of regiments for service after 1777 is entitled to receive pensions at $40 per mon: the pay allowed by the Continental Congress.
I, therefore, claim in behalf of Adj. James Updike an allowance equal to the [illegible] receive for the same service to wit $480 a year
I remain very
respectfully
your Ob Ser
Alex. Ray
Page 76

Wickford, North Kingstown,
Rhode Island,
December 3d 1850
Commissioner of Pensions.
Sir:
After the passage of the Act of Congress of the 7th June 1832, I made application for a pension on account of my Revolutionary services, which was detailed in my declaration under Oath, and supported by four responsible witnesses who were acquainted with my actual service; after an examination of my claim a pension was granted at $320_ a year, subsequently reduced to $160_ and in 1842 an application by Mr. D. D. Addison of Washington my name was dropped from the Pension Roll, for reasons which has never been satisfactory to my mind.
I am advised and now make application through Mr. Alexander Ray of Washington my Agent and Attorney to have
Page 77

have my name reinscribed on the pension roll at $320_ a year and to aid Mr. Ray, and to peace before him the merits of my claim, I have to request the favor of you to allow him to make an examination of the papers on file in the case.
I am, very respectfully,
Your Obedt. Servt,
James Updike

wish to examine the papers in the case V
James Updike
Act 37  Rhode Island
Alex. Ray
9 Dec /50
Page 78

[Top left, vertically written across a circular stamp which is illegible]

Ahl 20

[Also written vertically on the left of the page]
[illegible]
- Updike
RI Roll
$160 per ann.

[written on the right side of the page

Edwards, Esq
Commissioner of 
Pensions
Washington
                  D.C
Page 79

                  Newport   April 17th 1837

Sir
         I have lately received a line from Col. Black, from which it appears that you are [illegible] upon the subject of our suspenks(?) pention, and will not allow him any thing in addition to what you stated to me, you would allow him one half of what was allowed him when his certificate was first granted - If nothing better can be done, please to issue the proposed orders giving him one half of the sum given him by the certificate first(?) issued on his behalf - with [illegible]
                        [illegible] your
                     very obedient
                        Servant
         [Signature]  Dutee J. Pearce    
J. L. Edwards, Esq}
Commissioner of} 
Pensions}
Page 80

E R Potter
James Updike } R. I.
Sanford Noyes jr }
Mrs. Dorsey _ } act
Mrs. Sarah Clark }
Page 81

Deposition of 
Benjn Smith
Page 82

I Benjamin Smith of North Kingston, in the County of Washington, on solemn Oath, do testify & say that I am Seventy Years of Age. During the Revolutionary War, I lived
near James Updike of said North Kingston. & near Colonel Charles Dyer, And I well recollected that the said James Updike was Adjutant of the Regiment of which Charles Dyer was Colonel whilst the Enemy were at Newport – He filled that station untill the Enemy left -
Guards were established at the Village of Wickford & along the Shores of the Bay in many places & I have seen the said James Updike on duty as Adjutant amongst the
Guards, [illegible] them, exercising them, [illegible] the Colonels orders  [illegible]– He was quite young but when he  was fifteen years of Age, he was as large as most Men are - Colonel Dyer was quite illiterate, as most were in those Days - And Mr Updike had more education than common for those days & was well qualified to act as Adjutant, having 
paid  much attention to Military matters & being 
His services & duties were well known & at the organization of the Military establishment in 1792 he was appointed Brigadier General of the Rhode Island Militia, on account of his former General & military qualifications – Most  of the time the Enemy was at Newport one half of the Militia was left on duty one Month at a time - Sometimes [illegible] called for, but not often – I oftentimes was employed to [illegible] – The Enemy left the people
Page 83

on the line & in a continual state of alarm, & other landed & committed [illegible] - During the three years the the Enemy were at Newport [illegible] a day passed without alarm, & the  Militia Officers were kept constantly in motion -  And North Kingston being on the Shore, was more exposed, that many other parts of the County -  And most of the time, each Militia Man had to [illegible] half the time - As I well remember leaving to matter talked about - Mr Updikes duty was constent
                               [Signature] Benjamin Smith

Washington Ss   In North Kingston
                             July 9th 1835 - Personally appeared before me, the [illegible] Benjamin Smith He subscribe to the annexed affidavit & made solemn Oath to the truth of the same - And I further certify that the said Benjamin Smith, is well known to me & that his character for truth & veracity is good - 
              [Signature]Sylvester G Shearman
                                Justice of the Peace
Page 84

Washington Sc   State of Rhode Island [illegible]
        Town Clerk's Office, for the Town of North Kingston
               I the Subscribe Town Clerk for the town of North Kingston, in the County of Washington -  Do hereby certify that Sylvester G Shearman, before whom the annexed Affidavit, was made  & sworn to, is a Justice of the Peace, for said Town, legally chosen, commissioned & qualified - That the signature hereto annexed is his proper signature, is his own hand writing And that full verity(?) & credit, ought to be given to all his Official Acts -  & testimony whereof I have hereunto set my hand & seal of Office, this 10th of July in the year 1835.
     [Signature] Jon. Reynolds  T. Clk
Page 85

Wickford   July 5th  1843 - 

D.D Addison
          Sir - I am in Receipt of a Pension, under the Act of June 7th 1832, of $160 per annum, for my services in the Revolution as an Adjutant, at the rate of $320 per annum for two years service -  have been recently informed , that the pay of an Adjutant, while in service, entitles him, to a Pension of $480 per annum for two years service and consequently my Pension being for ["one" appears crossed out, then inserted] one year service as Adjutant, should be increased from $160 to $240 per annum - 
     Under these circumstances; I write to request, that you will lay my Case, before the Commissioner of Pensions and as my Agent claim the increase above stated - When the increase is allowed, I wish the same made payable, to me at Providence  R. Island
                Respectfully yours [illegible] - 
[Signature]  James Updike
Page 86

                         Washington
                            Feby 28.  /51

J.C.Heath Esq[illegible marks]
          Sir
               In the case of James Updike of Rhode Island act 32 (the paper files in his case show my authority to act.)  He has been pensioned as an adjutant at $320 per annum.  He served as an adjutant from 1776 to the winter of 1779: under the decision of your office.  Adjutant of Regiment for service after 1777 is entitled to receive pension at $40 per mo. the pay allowed by the continental Congress.
       I, therefore claim in behalf of Adj. James Updike an allowance equal to the amt- others receive for the same service to wit - $480 a year.
                             I remain very
                           respectfully
                                your On Ser
                        [Signature] Alex. Ray