Revolutionary War Pension and Bounty Land Warrant Application File S. 21,661, Joshua Brown, R.I.

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R.I. Brown, Joshua
Number S.21.661
Contents
b. 1754, . North Kingston, R.I.  there at inl. + m 1832

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Reduced from $120
Let to P Agt July 5, 1839

27,070
Rhode Island
Joshua Brown
of Marsh. Co. in the State of R. Island
who was a Pr. H Sergt. in the company commanded by Captain Thomas of the [blank] commanded by  [blank] in the R. Island line for.
Inscribed on the Roll of Rhode Island at the rate of 60 Dollars [blank] Cents per annum, to commence on the 4th day of March 1831.
Certificate of Pension ifsued [issued] 5th day of July 1839 and sent to Hon D. J. Pearce, Newport, R. I.
Arrears to the 4th of Semi-annual allowance ending Reduced from $120, Dec/[illegible]/[illegible].
Revolutionary Claim, Act June 7, 1832.

Recorded by D. Brown   Clerk,
Book E,. Vol. 2 - Page 126

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57 Decon
Joshua Brown
J. [illegile]
27464

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State of Rhode Island Providence plantation
County of Washington SS.
On this 4th day of September 1832 personally appeared in open court before the court of common pleas now sitting Joshua Brown a resident of Kingston the County and State aforesaid  aged 78 in October 1832. who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed June 7th 1832.  That he entered the service of the United States and served under the following names officers as herein stated.  In the month of June 1775. I think I was drafted Capt. Jos Case's company of militia Col Dyers regiment.  I served under Capt. Case about six months, 3 months as a drafted soldier and 3 months as a substitute for my father Charles Brown - In March 1776.  I entered the company of militia of Capt. Saml. Thomas attached said Regiment and served in said company as a substitute for Charles Brown, stationed in North Kingstown. In June 1777 I was drafted in as a militiaman and attached to the company of Capt. John Brown in said North Kingstown Col Davis Regiment and served in said company until June 1778 as a drafted militiaman in the whole about 3 months, and as a substitute for Charles Brown about 2 months making six months the spring & early with summer
In June 1778 I was appointed ensign of the militia company commanded by Capt. John Brown and was stationed in Rhode Island.  I served from this time until the close of the war in the capacity of ensign being drafted about one half the time in actual service, station of Rhode

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an at North Kensington the only documenting evidence I have is an ensign commission baring the date the 19th day of June 1780, (the other commission you have lost [st...] do I know with it)
which is herewith presented I was born in North Kensington in the year 1754. I do not know that I am posses of any record of my age I live in said North Kensington at the time I was called into service, have lived there since the revolutionary war and in Exeter and now here in Exeter. I have no written discharge nor do I know that I even had any. The commission I rec'd was signed by William Green Gov. and Henry Ward Secretary. 
Phoenix Brown and William Briggs are acquainted with me and live in the same neighborhood and are knowing to some portion of my services I know of no clergyman acquaints with my services. 
Joshua Brown
Subscribed in court to in Oren Court
William Sam Helme Blur

The hereby relinquishes any claim whatever to a pension except the present and declares that his name is not on the pension role of the agency of any State. 
Sworn to and subscribed the day and year aforesaid resedinging the town and county 
We Isaac Wall Benjamin Smith Esq. 
Residing in said county hereby certify that we are well acquainted with Joshua Brown and had subscribed and sworn to the above declaration that we believe him to be 78 years of age, that he is [upstated] and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. 
Benjamin Smith
Isaac Hall

Sworn and subscribed the day and year aforesaid in open court
Wilm. Samuel Hilnu Cler

And the said court do hereby declare their opinion that after the investigation of the matter and after putting the interrogations prescribed by the War Department that the above named applicant was a solder of the Revolution and served as he states.

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And the court further certified that it appeared to them [crossed out] that
[crossed out] who has sejoined the preceeding conference is a [illegible] resident [illegible].
[crossed out] and [no longer crossed] that Benjamin Smith & Isaac Hall Isquires who ha[crossed out]
signed the preceding certificate are [crossed out] same is a [no longer crossed] residents in the Town of North Kingstown.
and are [crossed out] is a [no longer crossed] credible predictions, and that their statement is unfetted to credit
Also that Samuel Thomas and Phenve Vrown who have given Donations in this Case
are Credible persons and that their Statement is Entitled to credit.
I Samuel Helme Clerk of said Court of Common plead do hereby, 
certify that the firegoing contains the original proceedings of the said court in the 
matter of the application of Joshua Brown for a pension
In testimony whereof I have hereunt sit my hand and sculof
office this Eighth day of September 1832.
[crossed out] Sam [uncrossed] Helme [crossed out] Bl'K

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Washington In North Kingston
November 27th 1833

Personally appeared before me the undersigned Sylvester G. Sherman a Justice of the Peach for the Town of North Kingston, in said County. Joshua Brown of Exeter,  in said County who has subscribed and sworn, to this affidavit who being first duly sworn deposed and such 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 saw not [less] than the friends mentioned below and in the following of graded. In the month of June 1775 I was drafted as a private in the company of militia belonging to said North Kingston where I then lived of what Joseph Case was Captain attached to the regiment of what Robert Brown was Colonel. The enemy had not then taken possession of Newport, [tub] Narragansett Bay as then full of their [Cublecs] Galleys and Barges and they oftimes landed there upon and committed depredations on the dunes [many] houses carrying of men and [god..] and the militia was drafted and stationed at different places along the shore to guard against them [con..]. As soon as I was drafted I was appreciated one of the coloureds of the company and served the whole time from june 1775 to May 1776, stationed at Walker most of the time, but more stationed a [c] small present at the time in Inidento[...] near me North Kingston. I used one half of this time for myself and half of the time as a constitute for my father Charles Brown as every as of the militia her to cause every other thanks for himself and I always and for myself when it came my turn and always sent in my fathers room when he was called on in May 1776
[crossed-out Samuel Jh.. Brown] Samuel Humes was chosen

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Captain of the Company, Joshua Vaughan Liet and Christopher Casice Ensign. And I was then chosen Sergeant of the Company, and served as such during the year, out to May 1777, under Captain [Thossand], stationed the whole time in North Kingston. [3 lines crossed-out illegible except for "month of October 1777"] I served one half of the time for myself and half of the time as a substitute for my Father. In May 1777 John Brown was chosen Captain of the Company, Joshua Vaughan Leut, Christopher Casice Ensign. I still continued to serve in said company as a Sergeant, during the year 1777, and also served as a substitute for my Father, I served constanly during the year. I was stationed in North Kingston, the whole time except in the Month of October 1777, when I served one month at [Inetos] in the time, of the expecectation of General Spencer, who contemplated making a landing on the Island of Rhode Island, to dislodge the enemy therefrom, but no landing was made and we were [disappointed]. In 1778 John Brown was again chosen Captain, Joshua Vaughan Lieut. and Benedict Waite Ensign, and I continued to serve in said Company the whole time, as before stated, during this year I was stationed at W..., and some other places along the shores of the Bay, in Norht and South Kingston, and in the month of August 1778 I served one month on the Island of Rhode Island in the time of General Sullivans [illegible]. In May 1779 the same Company officers were elected, and I continued to serve in said Company as a Sergeant on my own account and as a substitute for my Father. In 1780 John Brown was again chosed Captain, Benedict Waite Lieut and I Ensign, and my Commission is [illegible]. In the Month of June in that year, I served as Ensign, and stationed on the Island of Rhode Island. Charles Dyer was Colonel fo the Regiment, from 1776 ...to 1781 - I served as Corporal from June 1775 to May 1776 eleven Months under

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Captain Case, From May 1776 to May 1777 I served as Sergeant, under Captain Tho... twelve months. [crossed-out "In 1778 I"] From 1777 to May 1778 I served as Sergeant under Captain John Brown, twelve months. From May 1778 to May 1779 twelve months as Sergeant. From May 1779 to May 1780 I served twelve Monthas as Sergeant. In 1780 I served one month as Ensign. During the whole of this time, I was in actual service under the command of my superior officers, and not engaged in any civil pursuit or occupation, any part of the time. I served half of the whole time for myself and half of the time as a substitue for my Father. My ..enation was made out in [illegible] and I was informed , that it was only necessary for me to [illegible] two years service, so that I did not [illegible] all my service. And I was mistaken in supposing that I was Ensign in 1778. And for this service I [illegilble] --
Joshua Brown
Washington Sc -- In North Kingston
November 17th 1833 - Personally appeared before me, the afore subscribed Joshua Brown, and after be by me, duly examined, ...tioned and sworn, made [illegible] to the truths of the above written Affidavit, Whitnessed by me reduced to wrting in his presence, and by him subscribed in my presence. And I further certify that the said Joshua Brown, is well known to me, that his character for truth and sincerity if good, and that said Affidavit, is entitled to full and [illegible] benefits.
Sylvester G. Sherman
Justice of the Peace

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Newport February 18th 1839
J. G. Edwards, Esq
Commissioner of 
Pensions ___ ____
Sir, Daniel Brown, son of Joshua Brown of Wickford North Kingston in this State has said to me that his fathers Pension was suspended in July 1837, and "that Joshua Hale has written youse twice relative to the same; but could not get from you an answer."
I have to request you to state the situation of the Pension in question that of Joshua Brown's and if you have not good reason fro continuing the suspension, you will much oblige him by reissuing the same, as [illegible] as yours
very respectfully --
Dutee Y Pearse

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26961

Joshua Brown

Admi.a
2 years a sergeant
Cap Thomas


Claimant
of North Kingston
Newport P.O.
RD

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WAR DEPARTMENT,
Pension Office,
November 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examind, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the follopwing 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. 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Joshua Brown
Period when the service was rendered. Duration of the claimant's service Year. Month. 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.
1. June 1775. 10 Months. Private. Capt. Case; Col Dyers
2. 1776. 1 year. 2 Months. ". "".
3. 1778. 3 Months. ". Capt Thomas
4. ". 3 Months. ". Col Dyers
5. "..Ensign [V] [illegible] or as such until the close of the war.

The claimant must [illegible] each particular tour of [illegible] service, the length of each tour, when & where they were performed.
I am, respectully,
Your obedient servant,
J.L. EDWARDS
Commissioner of Pensions.

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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, &c. Persons who servied 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. Perez employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claim-
ing 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
On this day of 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 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
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 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 an well acquainted with, who has subscribed and sworn to the above declaration; that we believe him to be
vears 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 subs ribed 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 Revo-
lutionary 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 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.
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 &c.
Every applicant will produce the best proof in his power. This is the original discharge or commis-
sion; but if neither of these can be obtained, the party will so state under oatli, 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
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(1) 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 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 atlempted ; 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 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?
s. 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?
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 restify, 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 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 so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his gundance.
[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 must 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. In a case where the applicaut 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, 1 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, is too indefinite, and all such qualify 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 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 afflix 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 certifyiug oflicer, 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 witnessses 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, as and the official character and siguature 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 coutinental 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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State of Rhode Island and Providence Plantations: 
Washington County Sc.

I, Thomas P. Wells, Clerk of the Supreme Judicial Court, within and for the County of Washington and State aforesaid; do hereby certify that I believe the signature to the papers hereto attached which purports to be Sylvester G. Shearman Esq. to be in his own proper hand writing; and I further certify that the said Sylvester G. Shearman is a duly commissioned and qualified Justice of the Peach of the town of North Kingstown in said County. 
In testimony whereof, I have hereto set my hand & affized the seal of said Court this 24th day of November in the year 1833
Tho.s P. Wells Clerk

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Ju lil - Hon D.J. Peace
Pen Ag. ref 25 1837 susp
26 Feby '39
do to Hon. D.J. Pearce March 23.
1839
June 18 '39
Reduced to $60 per an. 5 July 1837

Rhode Island
27070
Joshua Brown of Washington Co in the State of R.I. who was a Sergeant in the Comp.y commanded by Captain Thomas of the --commanded by --- in the R.I. line for 2 years. 

Inscribed on the roll of R. Island at the rate of 120 dollars - cents per annum, commence on the 4th day of March, 1831. 

Certificate of Pension issued the 9th day of Jan.y 1834 ...and send to claimant North Kinston K.P.R.I. 

Arrears to the 4th of Sep 1833. $240
Semi-anl. allowance ending 4 Mar 34 - 60
$300

Revolutionary Claims, Act June 7, 1832
Recorded by George Taylor Clerk, Book E vol. 2 Page 126

Reduced from $120 to $60
Record book E, 2 p. 138

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Samuel Thomas

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I Samuel Thomes of North Kingstown in the county of Washington and state of Rhode Island on solemn oath justify and say that I am well acquainted with Joshua Brown of said North Kingstown  and was acquainted with him before The Revolutionary War and have known him ever since that the said Brown belonged to the company commanded by me in the year 1776 from the 18 March to 19 May 1777. But how long he served in that period of time I do not recollect the exact time he served but he served considerable time. I recollect of seeing him in Captain John Brown [illegible] Company after I resigned.
I have always understood said Brown's character for truth and veracity to be good.
Samuel Thomes
Sept 3. 1882
Sworn to in Open C"
Helme Clk

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Phenix Brown Sr position

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I Phenix Brown of North Kingstown in the  county of Washington and State of Rhode Island on solemn oath do testify and say that I am well acquainted with Joshua Brown of said North Kingstown [crossed out] in [crossed out] was acquainted with him before and during the Revolutionary war and I have been acquainted with him some time I know that he served as a soldier in Capt Jos [illegible] company of [illegible] in North Kingstown about 14 or [illegible] months I know that he served in Capt Samuel Thomas company in said North Kingstown about fourteen months and in Capt John Browns company Col Bryan Regiment about [illegible] [illegible] months and then [illegible] four months as a substitute for Charles Brown I served under him when he was Ensign in Capt John Browns company I cannot tell how long I am certain he served one year Phenix Brown
Sworn to in Open Court
[illegible]. Sam. Helme Cler

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Josua Brown R.I. [illegible] 120$ act 7 June - when [illegible] 15 June 35 G.N.O
pet. 4 March 1837 GH

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Payments to be made at Providence R.I. by Pres of the Arcade Bank 
Agent for paying Pensioners, in the Agency of

Rhode Island
$60 per ann. 
[illegible] cert. to Hon D.J. Pearce, Newport, R.I. 

Recorded in the Pension Office, in Book E. Vol. 2 Page 126 by
George Taylor Clerk

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War Department.

Revolutionary Claim.

I certify that, in conformity with the law of the United States of the 7th June, 1832, Joshua Brown of the State of Rhode Island who was a private and Sergeant in the war of the Revolution

is entitled to receive, [crossed out] One hundred and twenty [crossed out] sixty dollars and 
cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semiannually on the 4th of March, and 4th of September in every year This certificate issued in lieu of one dated January 9.1836. which has been cancelled.

Covered Seal

 Given at the War Office of the United 
 States, this [crossed out] Ninth 
 [crossed out] fifth 
day of [crossed out] January [crossed out] July one thousand eight hundred and thirty [crossed out] four [crossed out] nine.

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[circular stamp upper left] NEWPORT R.I. [illegible] 27
FREE
[illegible] July 1
Josh. Brown R.I [illegible]
J L Edwards, Esq
Comm of Pensions
Washington 
D.C.

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Newport June 27th 1839
J.L. Edwards Esq
Commissioner of Pensions
Sir, - I have the honor to acknowledge the receipt of your letter of the 18th upon the subject of the pension of Joshua Brown, and respectfully submit to you a few remarks in reply to the same. Said Brown had granted to him a pension certificate for $120 per annum, and after enjoying the benefit of it for several years, his pension was suspended; and upon a re-examination of the evidence upon which the certificate issued, you conclude the allowance to him was too great, and offer to allow him $60 per annum. Mr Brown agrees to accept your proposition and in reply to that acceptance, you say that the excess of money which you have paid him, by mistake of course, will [illegible] him of the [illegible] of any further sum of money until March 1843. - The Pensioner is now Eighty four years of age, and has lived two years beyond the maximum age relied upon in the life tables made for the purpose of setting annuities. - There is not consequently any reason for the expectation that he will be alive in 1843; and your arrangement [illegible] of of any further money from the Government of the Ustates, as 
a pensioner. - Is there any law which authorises you to make this arrangement? I contend that there is not, and if I satisfy you that I am correct, you will, I doubt not, reverse the order you have made, with pleasure; and will be prompted to do this; both from duty and a sense of justice. -

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The excess money, paid by mistake and received by the pensioner, makes him a debtor to the United States; which, if he had the ability to pay it, (he has not, however, as he is extremely poor) might be recovered of him in the same manner that money could be recovered by them of any other debtor. - But to authorise you to withhold the accruing pension to meet this debt, there must be some law of Congress, or some portion of the common law in [illegible] for that purpose, some law to warrant the offset, or to create a lien. upon this accruing interest. - Congress can pass such a law, but they have never yet legislated upon this subject; and until they do, no order of an executive officer can supply the [illegible] of such a law. - 
I submit then, upon no principle of offset; - and upon no doctrine of the common law upon the subject of [illegible], can you make the order or arrangement which has been referred to. If Mr Brown owes the United States money which he is unable to pay, that is their misfortune; and his is in the same situation of hundreds, if not thousands, who are their debtors without the ability to pay them; but whose pensions were never stopped, or thought of being stopped, on account of such indebtment. These few suggestions on my part, I cannot doubt, will induct you to reverse your decision, and change your determination in regard to the pension of Joshua Brown. - 
As there may be other cases of the kind, and as the question ought to be finally settled by executive officers, if there should be any hesitancy on your part, after giving to my [illegible] a full consideration; - I must request you to submit the

Page 27

subject matter of this communication to the head of the War Department, to be by him submitted to the Attorney General of the United States for his opinion upon the same. - 
With great Respect
Your Obedient Servant
Dutee J. Pearce

Page 28

[illegible] Mar 18
Josh. Brown
R.I.  [illegible]
FREE
J L Edwards Esq
Commisioner of Pensions
Washington. D.C.

Page 29

Newport March 14th. 1839
J. L Edwards, Esq
Commissioner of Pensions
Sir, since your last letter to me relative to the suspeded Pension of Joshua Brown, of North Kinston, Washington county, in this state, his friends have endeavored to find out by [illegible] from you to [illegible] the reason of the suspension the have no [illegible] at least so they say to me that will [illegible] any thought upon the subject, what is here to annexed they have obtained from the pension [illegible] in this state.
[illegible] as you wrote previous assigned no cause for the suspension referred to you are awards that by virtue of a private letter written some time as four years ago by some person who [illegible] him [illegible] as republican farmers of [illegible] kingstown against [illegible] persons of that town who said pensions by once "fell swoop" [illegible] you have [illegible] the complaint against them this made [illegible] to the pensions [illegible] most of [illegible] whose names were [illegible] from it in consequence of said letter Why should all Joshual Brown be made the scape goat? if you want any [illegible] [illegible] in his case or any doubtful testimoney explained hi is bot able and willing to do it. I hope there fore in

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War Department
Pension office
July 25 1837

In [illegible] [illegible] year to suspend the further payment of Joshua Brown of Washington count as pensioner under the act fo 7th 1838 at the rate fo $120 per annum until further [illegible] from this office
I am respectfully your obedient servent
J L Edwards
A Tom Epply

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his behalf you will do what you never done in regards to others I know [illegible] Brown very well and all his friends and companions and sure fully [illegible] that are his case there is no [illegible] [illegible] they are anxious to meet any charge of that kindI [illegible][illegible][illegible]
respect very truly yours
Dutee J Pearce.

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By his Excellency William Greene Esquire,
Governor, Captain-General, and Commander in Chief, of and over the State of Rhode-Island and Providence Planatations. 

Joshua Brown                     Gentleman, GREETING.

YOU Joshua Brown being by the General Assembly or Trained Band of the Town of North-Kingstown in the County of Kings-County in the State aforesaid are hereby, in the Name of the Governor and Company of the said State, autho-rized, empowered, and comissioned, to excercise the Office of [?] of and over the Company under your Command, or such Part thereof as you shall deem sufficient, and therewith, to the ut-most of your Skill and Ability, you are to relist, expel, kill and destroy the same, in order to preserve the Interest of the good People in these Parts. You are also to follow such Instructions, Directions and Orders, as shall from Time to Time, be further given forth, either by the General Assembly, the Governor and General Coun-cil, or other your superior Officers. And for your so doing, this Commission shall be your sufficient Warrant and Discharge.

GIVEN under my Hand and Seal of the said State, the Nineteenth Day of June in the Year of our Lord One Thousand Seven Hundred and Eighty and in [?] fourth year of Independence

By his Excellency's Command,
Henry Ward[?]

W. Greene

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REVOLUTION
21661
INVALID

No. 21, 661
Joshua Brown
Sergt Rear War

Act: June 7'' 32''
Index:-Vol. 2, Page 37
[Arrangement of 1870.]

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Brown [illegible] June 15
R.I.
J. L. Edwards, Esq
Commr of Pensions
Washington D.C.
FREE

Page 35

Newport June 12th. 1839
J L Edwards, Esq
Commr. of Pensions

Sir Joshua Brown fo North Kingstown has finally agreed to accept the proposition in your letter of the 23rd of March last to me relative to his suspended pension and [illegible] to your request the old certificate is returned to you that no new one may be granted which please to enclose to me yours very respectfully Dutee J. Pearce