Revolutionary War Pension and Bounty Land Warrant Application File R. 356, Joseph Bacon, Mass.

Page 1

[Document is preprinted, with handwritten entries.]

(3-1776)

SERVICE
Massachusetts

Bacon, Joseph

NUMBER
R. 356

CONTENTS
[blank]

Page 2

[Document is handwritten.]

27896
Jospeh Bacon of Massachusetts
Suspende [sp] and letter to Nathaniel Houghton
April 14, 1834

Act June 7, 1832
356
Massachusetts

Page 3

[Document is preprinted form with handwritten entries.]

Declaration, in order to secure the benefit of the Act of Congress, passed June 7, 1832.

Commonwealth of Massachusetts.
County of Worcester, ss.
On this twentieth day of August in the year of our Lord, eighteen hundred and thirty three Joseph Bacon personally appeared in open Court, before me Nathaniel Paine Judge of the Probate Court now sitting Barnstable County - a resident of Barre in the County of Worcester and Commonwealth of Massachusetts, aged Eighty two year ^25 day of March last 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, 1832.
That he entered the service of the United States under the following named officers and served as herein stated, to wit He enlisted into the service of the Revolutionary War on the 15th April 1776 in the Company commanded by Captain Joseph Morse and Major Bullards Regiment. I lived at the time at Natick in the County of Middlesex and State of Massachusetts; from thence marched to Rhode Island in the State of Rhode Island and was stationed there  for one month; from thence I was marched to Bennington and stayed there one month; from thence I was marched to New York and was stationed there about 2 months; from thence I was marched to Saratoga and stationed there for six weeks; from thence I was marched back to Rhode Island and stationed in the [illegible] of Providence for eight weeks. I was then marched back to Albany and there stationed for five weeks; from then I was marched to Greenish and stationed there for five weeks. I then was taken sick and had a furlough for there emonths and returned back to Natick where I stayed till the expiration of my time. I hired a substitute by the name of Eliphates Bailey who took my place for the time of one year & nine months - and enlisted for three years. I served myself for one year & eight months. I never had any discharge myself as my  substitute finished my time & he is dead. I was [illegible] in said Natick March 25, 1751 and may age as I have been informed is recorded then in the [illegible] records. I removed from said Natick to Sudbury in said County, & from there to Barre; here I have lived for thirty ^five years last [illegible] and person made living that I can provide these services by. I have made much inquiry to find some person now surviving to testify to this service.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Joseph Bacon

Sworn to and subscribed the day and year aforesaid.
Before Nathaniel Line, Judge of Probate for the County of Worcester.

Page 4

[Document is preprinted with handwritten entries.]

We Nathanial Houghton & Ephraim Wilson, the Clergyman is absent from this pace as of January, Clergyman residing in the town of Barre and residing in said Barre hereby certify that we are well acquainted with Jospeh Bacon who has subscribed and sworn to the above declaration, that we believe him to be eighty two years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Nathaniel Houghton
Ephraim Wilson
Sworn and subscribed the day and year aforesaid.

And the said court do hereby declare their opinion after the investigation of the matter, and after putting th interrogatories prescribed by the War Department, that the above mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Nathaniel Houghton Esquire who signed the preceding certificate, is a [cross out] clergyman [end cross out] resident in the Town of Barre and that Ephraim Wilson Esquire who has also signed the same is a resident in the same town and are credible persons and that their statement is entitled to credit.
Nathaniel Paine, Judge of Probate for the County of Worcester.

I Theophilus Wheeler, Registrar, Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Bacon for a pension.
In testimony whereof, I have hereunto set my hand and affixed the Seal of Said Court this twentieth day of August in the year of our Lord eighteen hundred and thirty three.
Theophilus Wheeler Registrar of said Court of Probate for the County of Worcester in Massachusetts.

Joseph Bacon

Page 5

[Document is handwritten.]

27896
Joseph Bacon

Nathaniel Houghton
Barre,
Massachusetts

Page 6

[Document is preprinted, with handwritten entries.]

War Department,
Pension Office,
November 12, 1833

Sir:
the evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These 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.

A Statement, showing the Service of Joseph Bacon

Period when the service was rendered.
April 1776

Duration of the claimant's service.
1 year. 8 months.

Rankof the claimant.
[blank]

Names and rank of the Field officers under whom he served.
Captain Morse
Major Ballard

Age at present, and place of abode when he entered the service.
82

Proof by which the declaration is supported.
Traditionary evidence.

Application must be made to the Secretary of the State of Massachusetts for evidence of the claimant's services.

I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions.

Page 7

[Document is preprinted, with no handwritten entries. It appears completely blank.]

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 a Clerks to Commissaries and to Store Keepers, etc., Teamsters, Boatmen, etc. 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, mucicians [sp] 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 Districts of 
County of }ss.
On this __ day of __ personally appeared (1) 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 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 county 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, etc.)
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.
I __ of the Court of __ do hereby certify (h) that the foregoing containers the original proceedings of the said Court into matter of the application of __ for a pensions.
In testimony whereof, I have hereunto set my hand and seal of office (i) this __ day of __ etc.
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 Toops, Volunteers, or Militia, except those who belong to the New Hampshire Militia and State Toops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A.B., a Clergyman, residing in the __ and C.D. residing in (the same) hereby certify, that we are well acquainted with __, who has subscribed and sworn to the above declaration; that we believe him to be __ year os 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.
Soon and subscribed the day and year aforesaid.
(aAnd then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the __ and is a credible person, and that their statement is entitled to credit.
I, __ Clerk of the Court of __ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of __ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this __ day of __ etc.
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 my have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

Page 8

[Document is preprinted and has no handwriting or entries.]  

3  

alleged service, as they are known at the Department A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribed 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 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 Regula rOfficers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two re3spectable 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 hs 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 its a Clergyman, the Court will so certify, and they will 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 every 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 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 th eCourt 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.  [hand underlined in ink; referenced in handwritten note at the follow of the document] (a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. (b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. (c) The age of the claimant must invariably be mentioned. (d) The declarant must mention the period of periods of the war when he served. (e) Every continental officer or soldier must give the name the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long her 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, Etc. A.B. who, being duly sworn, deposethand 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 pensions."  It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank heeled, 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 [italics] about three or four months, [end italics] 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, etc., 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 eery 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, of 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. (i) 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. The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) 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.

Page 9

[Document is preprinted with handwritten entries]

Commonwealth of Massachusetts.
Secretary's Office, February 6, 1834.
I hereby certify, that, from an examination of the Books and Documents, relating to Military Services int he War of the Revolution, which remain in this Department, it appears that the Rolls of Captain Joseph Morse's Company for 1776 and 1777, on which Joseph Bacon claims for services, are not found in this office.
Edward D. Bangs, Secretary

Page 10

No. 356 

Joseph Bacon