Revolutionary War Pension and Bounty Land Warrant Application File S. 21821, Philip Horsewell, R.I.
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R.I.    Horsewell, Philip     S.21821
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15717 [ink smear over part]
Rhode Island [ink smear over part]
Philip Horsewell of Providence in the State of R.I. who was a Private in the Company commanded by Captain Tallman of the Rgt. commanded by Col. ⎯⎯⎯⎯ in the R. Island line for 8 months.

Inscribed on the Roll of Rhode Island at the rate of 26 Dollars ~ 67 ~Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18th day of 1833
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Philip Horsewell
25745
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United States of America
Rhode Island District [illegible]
County of Providence
On this 25 day of April AD 1833 personally appeared in open Court, being a Special District Court of the United States within and for said District, now in Session - Philip Horswell a resident of Providence in the County of Providence and State of Rhode Island [illegible] aged 79 years, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832. viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
This applicant says he was born at Little Compton in the State of Rhode Island aforesaid on the 28th day of November AD 1754. [t crossed out] his birth is recorded in the Town Clerks Office in the Town of Little Compton. he afterwards removed to Providence where he resided when he entered the service and has ever since the war lived in said Providence
And this Applicant further states that in the year 1775 in the months of July August and September he enlisted and served in Cape Elisha Waterman's Company of Militia as a private and served on an Expedition to Block Island where he was stationed not less than two months to secure that Island from the depredations of the British. For which service he claims a pension
And this applicant further States that he enlisted in captain Tallman's Company [text crossed out] of Rhode Island State Troops [text crossed out] as private on the 28th of September 1776 where he served six months. For which service he claims a pension having served eight months in all
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     And this applicant further say that he knows of no persons who can testify to his service but [name crossed out]. Aaron Man and Benjamin Tallman whose Depositions are annexed. The Revd Mr. Wilson and Joseph Rawson are also acquainted with him and testify in his  behalf.
     And he hereby relinquishes every claim whatever to a pension and annuity except the present and declares that his name is not on the Pension Roll of the agency of any State
         
          his
Philip X Horsewell
          mark
Sworn to and subscribed the day aforesaid  
witness B Cowell

     We James Wilson a Clergyman residing in the City of Providence and Joseph Rawson residing in said Providence hereby certify that we are well acquainted with Philip Horsewell who has subscribed and sworn to the above declaration: that we believe him to be 79 years of age: that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion

Sworn and subscribed the day and year aforesaid
James Wilson
Joseph Rawson
Witness B. Cowell Clk
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No. 25745.
Philip Horsewell Providence
County Rhode Island

Private 8 Months

Ben Cowell Providence R. Island
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[printed] WAR DEPARTMENT
               Pension Office.
               183

Sir:
     The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly 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 complying with this request, greatly facilitate the investigation of your claim. [/printing]

[table] 
|[printing] A Statement, shewing the Service of [/printing] Philip Horsewell Providence County Rhode Island|
________________________________________________________________________________________
[printing]
|Period when  | Duration of    |Rank of  |Names and    |Age at      |Proof by which the| 
|the service     | the claimant's|the         |rank of the     |present,   |declaration is         | 
|was rendered.| service.          |claimant.|Field officers  |and place |supported.            |
                         ______________                |under whom  |of abode  |
                        |Y    |M    |D    |               |he served.      |when he   | 
                        |e    |o     |a     |                                      |entered     |
                        |a    |n     |y     |                                      |the service.|
                        |r     |t      |s     |
                        |s    |h      |.      |
                        |.     |s      |       |
                        |      |.       |       |
[/printing]
______________________________________________________________________________________________
|Enlisted          | --   |  2    | --   |private  |Cap Waterman|79 years     |Traditionary        |
|1775               |       |        |       |            |                         |Providence|evidence done    |
|Enlisted          | --   |  6    | --   |   "        |Cap Tallman      |Rhode       |witness                |
|Sept.              |        |        |      |             |                         |Island        |certified credible |  
|1776              |        |        |      |             |                         |                 |papers not           |
|                      |        |        |      |             |                         |                 |properly attached|       
  
[printed] I am, respectfully,
               Your obedient servant,
               J. L. EDWARDSdwards,
               Commissioner of Pensions.      [/printed]
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with, the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen [emphasis added by KDJ] , &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of
County of ss.
On this [——] day [——] personally appeared (a) before
A.B. a resident (b) of [——] in the county of [——] and State, Territory or District of [——] aged [c] [——] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the. benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [——], with [——] and served in the [——] (e) regiment of the [——] line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if lie served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [——]
Sworn to and subscribed the day and year aforesaid. [——] 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. And the Court further certified that it appears to them that A.B. and that C.D., who has also signed the dame is a resident in the [——]  and is a credible person, and that their statement is entitled to credit.
I [——] 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 (i) this [——] day of [——] &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; bit if neither of these can be obtained, the party will do state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail this personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
[page ends]
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[continued from a previous page] 
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The pacts 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, there are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applications for a pension, an accounting of service in the Militia, State Troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia 
Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
[6.] To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the 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 go by reason of bodily infirmity ; in which ease the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier most give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. ln 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 Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below. and in the following grades: — For — year — months, and — days, I served as a — — . For — months and — days, I served as a — ; and for such service I claim a pension.”
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, As the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, it too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which, contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[hand pointing right icon] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in this case applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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September 25, 1907.

Mr. H.E. Lutz,
49 Downs Block,
Seattle, Wash.

Sir:

In reply to your letter dated the 16th ultimo and received on the 21st, you are advised that the records of this Bureau show that one Philip Horsewell was allowed pension (File #21821) on an application executed April 25, 1833, at which time he was a resident of Providence, Rhode Island.

He stated that he was born at Little Compton, Rhode Island, November 28, 1754, and resided at Providence, Rhode Island when he served in the Rhode Island troops as follows: Enlisted July, 1775, Private in Captain Elisha Waterman's company, two months; enlisted September 26, 1776, in Captain Tallman's company and served 6 months.

No data as to family.

For date of the soldier's death and name of the person to whom the last payment of his pension was made, apply to The Auditor for the Interior Department, Treasury Department, citing the following data: "Certificate #15717, issued July 18, 1833, under Act of June 7, 1832, at the Rhode Island Agency."

Very respectfully,

Commissioner.
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Revolution [written at an angle]

21821
INVALID

File No. 21,821
Philip Horsewell
Pri Rev War

Act: June 7 [superscript illegible] 32 [superscript illegible] 

Index:--Vol. 2, Page 190

Arrangement of 1870. [all in brackets]


[second page]
1907 May 24. Hist to Miss Frances G. Haswell, I.S.C. 
perAW.
1907 Sept. 25 Hist. to H.E. Lutz.   C
Page 12

I Benjamin Tallman of Providence in the State of Rhode Island on oath do testify and say that I am well acquainted with Philip Horsewell of said Providence. Said Philip was in a company of minute men commanded by me in the year 1776. He was in said Company three months from September of that year when [?] I went into another service and I left him in the Company when I left it
                                                                                
Benjamin Tallman
April 25 1833
Sworn to in open Court
B. Corvell Clk

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War Department, that the above named applicant was a Revolutionary Soldier and served as he States. And the Court further certi- [remainder of document not shown]
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Benjamin Tallman
April 25 1833

Sworn to in open Court

B Corvell Clk

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War Department, that the above named applicant was a Revolutionary Soldier and served as he States. And the Court further certifies that it appears to them that James Wilson who has signed the preceding certificate, is a Clergyman resident in the City of Providence and that Joseph Rawson, Benjamin Tallman, & Aaron Man who also signed the same are residents in the said City of Providence and are credible persons and that their statements are entitled to credit

I Benjamin Corvell, Clerk of said District Court do hereby certify that the foregoing contains the original procedings of the said Court in the matter of the application of Philip Horsewell for a pension.

In testimony whereof. I have hereunto set my hand and seal of office, this twenty sixth day of April A D 1833.

Benjamin Corvell Cll
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I Aaron Man of Providence in the State of Rhode Island on oath do say and testify that in the year 1775 I was a Sergeant in Capt. Elisha Watermans company of Militia in the months of July August and part of September of that year and during that we went on an expedition to Block Island where we were stationed about two months, to secure that Island from the depordations of the British. I remember well of Philip Horsewell being with us_Said Philip was in Mr. Sann company & he served as a private two months before we returned
Aaron Man

Providence SC 
State of Rhode Island and Providence Plantations 
On the 10th of March A D 1833 personally appeard the above named Aaron Man and made oath before me that the facts contained in the above Statement were just & ] true.
Geo F Man
Notary Public
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State of Rhode=Island and Providence Plantations.

Providence sc.

I, Dexter Randall [handwritten above crossed out words], Clerk of the Court of Common Pleas within and for the County of Providence, in said State, do hereby certify that George F. - Man - is a Public Notary [handwritten insertion above crossed out words] for the City and County of Providence in said county and State:--that he is by the laws of said State, authorised to administer oaths and take depositions: and that the signature to the annexed document, puporting to be his, is in the proper hand writing of said George F. Man.

In witness whereof, I hereunto set my and and affix the Seal of said Court, at Providence, this Eighteenth day of May in the year of our Lord one thousand eight hundred and thirty-thirtythree

Dexter Randall Clk
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Washington, D.C.
May 21, 1907.

[ink stamp] M [handwritten inside stamp]
May 22 1907
[illegible]

[ink stamp] O.W. & N. DIV.
May 23 1907 
Files

Mr. Warner,
Commissioner of Pensions,

Sir:
     Will you please give me the record of a revoluntionary war pensioner, Philip Horsewell.
     I understand that in the printed pension rolls for 1835, Philip Horsewell was stated to have been placed on the rolls in 1831, when 80 years of age, and to have served
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                                         2
in the Rhode Island Militia and State Troops.  He was married July 18, 1776, to Mercy (?) West at Providence, R. I.
 In the marriage record his name is spelled Haswell.

Very respectfully,
(Miss) Frances G. Haswell
1909 - Eye St. N.W.
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Miss Frances G. Haswall,                                                       thro. [?] desk [words in a circle]
1909 I. Eye [crossed out] St. N.W.
City

Madam: -
     In reply to your letter dated the 21st instant and received on the 22nd, you are advised that the records of this Bureau show that one Philip Horsewall was allowed pension (File #21821) on an application executed Apl. 25, 1833 at which time he was a resident of Providence, R.I.
     He stated that he was born at Little Compton, R.I. Nov. 28, 1754 and resided at Providence, R.I. when he served in the Rhode Island troops as follows: Enl. July 1775, Private, in Capt. Elisha Waterman's Co., 2 mos; enlisted Sept. 26, 1776 in Capt. Tallman's Co. and served 6 mos -
     No data as to family. 
     For date of the soldier's death, and name of the person to whom the last payment of his pension was made, apply to The Auditor for the Int. Dept., Treas. Dept. citing the following data: "Certificate #15717 issued July 18, 1833 under Act of June 7. 1832, at the Rhode Island Agency." 

kept instead of carbon copy [checkmark]
as I.S.C. was away and I had to initial the letter. AW
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[this is a reverse side of what appears to be a letter]
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Seattle, Wash., Aug. 16th 1907

Hon. Commissioner of Pensions
Dept. of the Interior,
Washington, D.C.

Dear Sir:
Please inform me whether I can obtain a copy of the Department record of Philip Horsewell, of Providence, R.I., a Revolutionary pensioner, on the printed rolls of 1835, in case the Department contains any information not in that printed roll. Kindly state the cost of furnishing same. 
Respectfully, 
H. E. Lutz
49 Downs Block