Revolutionary War Pension and Bounty Land Warrant Application File S. 10,742, Lot Gifford, Mass.
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Service             Name           Number
Mass.            Lot Gifford        S.10.742

=====================Carded
contents
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27134.
Massachusetts
===============

Lot Gifford
of Falmouth in the State of Mass
who was a private in the Company commanded
by Captain Palmer of the Regt commanded by Col 
Corking in the Mass Line for 9 Months 10 days private
 Amt
=================
Inscribed on the Roll of (blank)
 at the rate of 31. Dollars 11 Cents per annum, to commence on the 4th day of March 1831.

=================

Certificate of Pension Issued the 4th day of February 1834 and sent to Homer Davis Esquire. Falmouth Mass.

==================

Arrears to the 4th of Sep 1833.         $77.77
Semi-annual. allowance ending
 4 Mar 1834 -                                      15.55
                                                           ====
                                                           $93.32 
                                                           =====
{Revolutionary Claim, Act June 7, 1832.}

Recorded by George Taylor Clerk,
Book E. Vol. 2 Page 30

87
Barnstable
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Commonwealth of Massachusetts

County of Barnstable  ss   On this third day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate now sitting at Falmouth in and for said County, Lot Gifford a resident of Falmouth in said County aged Eighty-five 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 7th, A.D. 1832.


THAT he was born at Falmouth aforesaid on the second day of June OS AD 1747, and that there is a record of his birth on the town books: that he was in the United States service from the first of June A.D. 1775. to the last day of December A.D. 1775, as he thinks, as a private in the militia in the State troops of Massachusetts; that he was residing at said Falmouth when he entered the service; that he enlisted for six months as he thinks but continued in the service seven months and served for the period aforesaid under the command of John Grannis Capt   Elisha Nye. 1 Lieut   Stephen Nye, 2 lieut and [illegible] superior officers or officers of the regular army as he recollects; that he marched from said Falmouth to the shore and was transported over the water on to the Elisabeth Islands; that he served with none of the regular troops; and [illegible] were known to him: that he was in no battle except a smart cannonade of balls and shells from a ship of war of 20 guns  Capt Askew & Beckwith and at the end of his service received no written discharge but was paid off  that [illegible] next winter and that since the Revolutionary war he has resided at Falmouth aforesaid the whole of this time except when at sea.

ALSO that he was in the United States service from some time the latter [crossed out] end of summer A.D. 1776, [crossed out]  as he thinks [crossed out] near the end of A.D. 1776 as an orderly sergeant in the Militia of Massachusetts that he was residing at Falmouth aforesaid when he entered the service; that he was drafted or rather volunteered for three months [illegible] come to draft for three months and served for the period aforesaid under the command of Capt Joseph Palmer on a [illegible] expedition, Burgess [illegible], Joseph Demmick Major; that he marched from or rather were conveyed by water from said town, and was landed in Rhode Island: that he served with Col. Cushing's regiment but knows not whether it consisted of Militia of the regular troops; and to the best of his [illegible] except Col Cushing & Major Demmick no regular officers were known to him; that he was in no battle that at the end of his service he received [crossed out] no written discharge but was dismissed and left the service [crossed out] & returned home.

ALSO that he was in the United States service [crossed out] some time [illegible] the year A.D. 1777,  to[crossed out] A.D. 17 as a private in the Militia that he was residing at Falmouth [illegible] when he entered the service; that he entered for no particular time as he remembers [crossed out] under the command of Captain Clark & Hamlin: that he marched from one part of said Falmouth to the shore was guarding the county from the enemy, [illegible] scouting skirmishes  the them [illegible, crossed out] & boats [crossed out] ; and no regular officers were known to him; that he was in no battle [crossed out]that at the end of his service he received [crossed out] no discharge and left the service [crossed out].
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Barnstable SS.  At the Court within named appeared Elnathan Nye of said Falmouth, who testifies and says that he well recollects Lot Gifford within named, and that they served together as private soldiers on the Elizabeth Fords [name is difficult to read] under the command of Capt John Grannis, that the said , months or be for her and that is was in the year 1775.
Elanthan Nye [signature]

Barnstable SS. ┃At the Court within named appeared Nathan Bourn of said Falmouth who testifies and says that he recollects Lot Gifford within named. That they served together as private soldiers in the Elizabeth Intent [name is hard to read] in the year 1775 ending to the best of his recollection and he served six months or longer.
Nathaniel Bourn [signature]

Barnstable SS. ┃ Probate Court at Falmouth in said County October 3d. A 1832

 Personally appeared the above named Elanthan Nye and Nathaniel Bourne in open Court and severally made oath to the truth of the above depositions by them Subscribed respectively in Court. And I certify that the said Elanthan and Nathaniel are, in the opinion of the Court, credible witnesses. In testimony whereof I have hereunto set my hand & affixed the Seal of the Court the day & year aforesaid
Abner Davis Register[signature]
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21954
Lot Gifford of
Falmouth
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26954
Lot Gifford
Falmouth
Mass

Admitted
9 m 10 days private
Cap Palmer Cols. Cooking

Abner Davis En
Falmouth 
Mass
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War Department, Pension Office Oct 24, 1833
Sir,  The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The noes and the regulations will show what is necessary to be done.  These points to which your attention is more partifclarly directed, you will find marked in the margin with a brace, (thus: }).  You will, when you return your papers to this Department, send this printed letter with them, and you will, by compling with this request, greatly  facilitate the investigation of your claim.  
A Statement, shwoing the Service of Lot Gifford
Period when the service was rendered
Duration of the claimant's service. Year Months Days.
Rank of the claimant.
Names and rank of the Field officers under whom he served.  Age at present, and place of abode when he entered the service.  Proof by which the declaration is supported. 
June 1775  6  Private  Captain Grannis  85 Falmouth Mass
1776    3   Sargent   Capt Palmer Led Cushing

1777  not stated  Private  Capt Clarrk (no Col, mentioned
1779  8 or 10  Capt Fisk
Secy of the State of Mass certification proves only 8 mos 17 days service  Bring
The secretary's certificate states that he served as a private  in Captain Palmer's Company,  The claimant states that he served as a Sargent-  This must be explained.  Did he ever receive a Sargent's warrant
I am respectfully, your obedient servant, J.L. Edwards, Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army.
and to include under the terms "Continental Line," "State troops," "militia," and volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual millitary service.
1, The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming
the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of County of }ss.
On this          day of         personally appeared (a)  before     A. B. a resident (b) of     in the county of          
and State, Territory or District
years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d)     , with    and 
served in the
(e) regiment of the
line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
1
of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of
& c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the
and C.D. residing in (the same)hereby certify, that we are well acquainted with

subscribed and sworn to the above declaration; that we believe him to be

years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And that the
Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
Clerk of the Court of     do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this day of
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light on the transaction
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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                                              3

alleged service, as they are known as the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The Facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provide, according to the nature of his case.
     The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
      1. Where and in what year were you born?
      2. Have you any record of your age, and if so, where is it?
      3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
      4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
      5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
      6. {To a Soldier.  {Did you ever receive a discharge from the service, and if so, by who was it given, and what has become of it?
          {To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
       7. State the names or persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services of the Revolution. 
       The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
        The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. 
         The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
         Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
        Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
        No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably me mentioned.
(d) The declarant must mention the period or periods of the war when he served. 
(e)  Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claimant cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me the undersigned, a Just of the Peace, (?), A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but,  according to the best of his recollection, he served not less that the periods mentioned below, and in the following grades: For ___year___ months, and ______days, I served as a ____. For _____ months and _____days, I served as a ______ and of such service I claim a pension."
    It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, so, without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f.)  The law makes the relinquishment indispensable.     
(g.) The opinion of the Court is always required.
(h.) The Clerk must give his certificate in every case.
(i.)  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
                        Mode of authenticating papers
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being ng improperly attached to the certificate.
                        Proof of Service
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10.742
Rev War
INVALID.
File No. 10,742
Lot Gifford
Priv. Rev. Warr

Act: June 7th 1832
Index:-Vol. A, Page 142
[Arrangement of 1870.]
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Lot Giffords.
Certificate
27134
Page 13

COMMONWEALTH OF MASSACHUSETTS.
Secretary's Office, Jany 27th 1834.

I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Lot Gifford, as a Corporal, is borne on a Pay Roll of Capt. Joseph Palmer's Company, in Col. John Cushing's Regt. where he is allowed from Sept. 26th, 1776, One Month and twenty-seven days. _ . _  ._ ._ ._ m1=d 27
Lot Gifford's name, as a private, is borne on a Pay Roll of Capt. Saml Fish's Company in Col. Freeman's Regt. where he is allowed, in Sept 1779, seven days ._._ ._ ._ ._ ._ ._ ._ ._ = 7
Lot Gifford claims for services under Captains Clark or Hamlen in 1777 in the rolls are found in part, but the name of Lot Gifford is not borne on those found.
Edward D Bangs Secy
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Lot Gifford's
Deposition
Page 16

Personally appeared before me, the undersigned, and Justice 
of the Peace within & for the County of Barnstable Lot Gifford aged eighty-six years, who being duly sworn deposeth
and saith that by reason of old age, and the consequent loss of
memory, he cannot swear particularly as to the precise length of
his service, by according to the best of his recollection he served not
less than the period mentioned below, and in the following grades.
For six months & twelve or fifteen days.  I served as a private soldier in
Capt John Grannis' Company in 1775; For three months I
served as sergeant in Capt Joseph Palmer's company. Col. Cook
or Cushing, - or think that was the term I enlisted for, and I enlisted
for a sergeant, and acted in a sergeant in drilling the men and acted as a
fighter, that is, I showed the men how to exercise, but I had no Commission
or warrant not any kind of writing to show that I was a sergeant, and
do not remember if ever having [illegible], or heard of any such thing, as a warrant or commission; and do not remember whether I drew any more
pay than a common soldier or not. There was one John Demmick in the
company who did all my writings as a sergeant, but do not know when
he was return'd for. In six months under Captain Clark Hamlin
in 1777 guarding the sea coast, cannot remember the Col. name
and for seven eight or ten days under Capt Samuel Fish in 1779 and for
such service I claim a pension -      Lot Gifford

Barnstable Falmouth December 6th 1883, Personally
appeared Lot Gifford abovenamed, and made oath to the
truth of the above affidavit; and I certify that I will
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know the author named Lot Gifford, have known him for up
wards of twenty years; that he is a respectable man, and for
a man of his years retains his faculties in a remarkable manner,
although the infirmaties of age are [illegible] upon him; and I give
it as my opinion that the foregoing affidavit is true in all its
parts except the service under Capt. Clark & Hamlin, which
I am inclined to think is incorrect, - being minute service -
Sam P. Croswell } Justice-
                          }  of
                          } the Peace
Commonwealth of Massachusetts
Barnstable Js. I Abner Davis, Clerk
of the Court of Comm on [illegible], being
a Court of Record in the County of
Barnstable, do certify that Samuel P. Croswell
before whom the written deposition was executed
in a Justice of the Peace for said County. And
that I believe his name thereto subscribed to be
his true & property signature. In [illegible]
I have hereunto set my hand & affixed the seal
of the said Court of Barnstable this seventeenth
day of January, one thousand eight hundred 
& thirty four.

Abner Davis Clark