Revolutionary War Pension and Bounty Land Warrant Application File S. 16778, Levi Eaton, Mass. N.H.

Page 1

Service
Mass
96H

Eaton, Levi

Number
S. 16778

carded

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4161
New Hampshire
Levi Eaton
of Rockingham in the State of N. Hamp who was a private in the company commanded by Captain Eavans of the Regt. commanded by Col Wade on the N. Hamp. line for 15 mos
Mass.

Inscribed on the Roll of N. Hampshire at the rate of 50 Dollars -- Cents per annum, to commence on the 4th day of March, 1834.

Certificate of Pension issued the 14th day of Any. 1833 and Seal W. Woart, Newburyport Mass

Arrears to 4th of Sept. 1832  $75.00
Semi-anl allowance ending 4 Mar 35  $25.00
$100.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by D. D. Addison Clerk, Book D Vol. 11 Page 133

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[low contrast, unable to transcribe most of page]

Declaration

Levi Eaton

Portsmouth

Seabrook

New York

Greenwich

That he was born at said Seabrook, resided at Southhampton, where he has resided at 20 years, previous to which he resided at said Seabrook. 

Levi Eaton

P Chadwick, Clerk

John Parker, Jus. Peace

Jacob Noyes

NB There is no Clergyman in Seabrook

Page 4

And the said Court herby declares its opinion after the investigation of the matter, and after putting the interrogations presented by the War Department, that the above named appeared & was a Revolutionary Soldier and served as he States _ And the Court further Certifies that [crossed out]
[next line crossed out]
that the said Jacob Noyes who has [word crossed out] signed the [word crossed out] [caret] preceeding certificate is a [illegible] resides at said Seabrook and is a Credible person, and that this [illegible] is entitled to Credit.

[remainder of page is low contrast; unable to transcribe]

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1559
Levi Eaton
on Roll Capt Nay's Co
Col. Wingate's Regt
71. C. e

Private 15 Mo
Adv
New Hampshire
Agency
57$

Return to
W. Woart Esq
Newburyport Mass

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6559
BRIEF in the case of Levi Eaton of Southhampton County of Rockingham in the State of New Hampshire
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 74
4. State his service, as directed in the form annexed.

Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
  | years, Months, days. | As a  | Gen.

Oct In 1775 |    4   | Private | Cap Elkins, Col Burnham
1776 |   5   | " | Cap Napper, Col Wengate
1778 |   6   | " | Cap. Pound, Col Wade

5. In what battles was he engaged? None mentioned
6. Where did he reside when he entered the service? Portsmouth, Seabrook
7. In his statement supported by living witnesses, by documentary proof, by vradionary evidence, by incidental evidence, or by the rolls? Here being witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? Right

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Easton 
Examining Clerk.

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RICE & SOUERS
ATTORNEYS & COUNSELORS AT LAW,
601-2-3 BANK BUILDING
CANTON, OHIO.
A. A. RICE   L. Z. SOUERS

Canton, Ohio, Jan. 6, 1910.

The Commissioner of Pensions,
Washington, D. C.

Dear Sir: -
I am advised by the Adjntant General to communicate with your office on further information than I have regarding the revolutionary service of Levi Eaton, a soldier in the war for independence. Will you be so kind as to furnish me with any information which may be afforded by the record of you office regarding the service of this soldier, who was an ancestor of mine?
Very truly,
Loren E. Souers

LMS/LS.

PENSION OFFICE
U.S.
Jan 8 1910

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3 - 871.

RECORD DIVISION.
Department of the Interior,
BUREU OF PENSIONS.

Briefed by Geo M Moore
Claim No. Jan 14 1910
Certificate No.
Claimant
Soldier Levi Eaton
Service -- Rev
Additional Service

No   claim, State records  . 190
No claim, combination records   .190
REMARKS:
No 0 W. S. Wor Rasabour except
S. F. 16778.

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seven

Levi Eaton

No 6559.

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I David Eaton of Seabrook in the county of Rockingham, and State of Newhampshire, aged seventy five years, and upward on oath do testify and declare, that I am well acquainted with Levi Eaton of said Seabrook, and do know that the said Levi Eaton was a private soldier and served as such, in the company commanded by Captain Lanch, in Colonel Sanell regiment in the year 1777 at Saratoga, Albany, and other places Three months. I was a private in the same company the same term of time. 
David Eaton
His mark  X

Newburyport July 16 1832
Commonwealth of Massachusetts
Essex SS. Newburyport July 16 1832 Then personally came David Eaton above named who is personally known to me, and made oath in the form of Law to the truth the above [illegible] declaration to for service in my presence and I do so testify [illegible] Daniel Eaton, is believed to me to be [illegible] 

W Woart Justice of the Peace

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I Nicholas Felch of Seabrook in the county of Rockingham and State of New Hampshire aged seventy seven years, on oath do testify and declare that I am well acquainted with Levi Eaton of said Seabrook, and do know there said Levi was a private soldier in the Company commanded by Captain Elton in the Regiment commanded by Colonel Benham, and served [there said months] in the year 1779: I was a soldier in the same company and served at the same time with him. 
Newburyport July 16 1832
Nicholas Felch

Commonwealth of Massachusetts
Essex SS. Newburyport July 16 1832. There Nicholas Felch above named, who is personally known to me, personally came, and made oath in due form of Law, to the truth of the above written declaration to him subscribed in my presence. And I do [illegible] Certify that the said Nicholas Felch is believed by me to be a credible witness.  
W. Woart, Justice of the Peace

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Commonwealth of Massachusetts.

Essex

I John Prince Said Clerk of the Court of Common pleas, being Court of [illegible] said court, do hereby Certify that W Woart is a Justice of the Peace within and for said court, and that I believe his signature within is genuine.

Witness my hand & the seal of said Court at Salem this 15th day of August, A.D. 1837.

John Prince, Clk

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6559
Levi Eaton

Return to 
W Woart Esq
Newburyport Mass

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BREIF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Levi Eaton which require further proof or explanation.

I. Does the declaration show were the applicant resides?
Yes
II. Did the declarant make the declaration in the county where he resides?
Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? ~
IV. Has the declarant mentioned the period or periods of the war when he served?
Yes
V. Has he mentioned 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?
Yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes
VII. Has he made a relinquishment of every claim to any other pension that the one under the Act of June 7, 1832?
Yes
VIII. Has the Court given their opinion?
Yes
IX. Has the Clerk given his certificate?
Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Yes

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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No
XII. If the clergyman's affidavit has not been produces, is there any reason assigned for not obtaining it?
Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot by had?
~
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
Yes
XVI. Are the papers authenticated as the regulations direct?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
Yes

EXPLANATORY NOTES.
QUERE V. 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 Justice of the Peace, & c. A. B. who, being duly sworn, deposit 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."

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3
It is important in all cases to determine with precision the period for which the 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 qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
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 claimants 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 sea of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

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I Samuel George of Seabrook County of Rockingham and State of Newhampshire of Lawful testify and say that in the year 1776 I enlisted and served in the Revolutionary Army at [] under the command of Col. Whingate and Capt Samuel New. Five months as near as I can recollect; And that Levi Eaton who then belonged to Seabrook aforesaid served in the same company with me during said term. And also that in the year 1778 I served in the Revolutionary Army on Poland Island and vicinity 4 months under the command of General Sullivan and belonged to the Company of Capt Jonathan Evans of Salisbury, the same of Colonel I do not recollect. And that the above named Levi Eaton belonged to the same Company and served the same term with me as near as I can recollect
Seabrook July 10th 1832
Samuel George

State of Newhampshire
Rockingham SS.
Seabrook July 10th 1832
Then personally appeared the above named Samuel George and made oath that the above certificate by him subscribed is true before me
John Thelbrick Justice of the Peace

I further certify that the above named Samuel George is a credible witness
John Thelbrick Justice of the Peace

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I Peter Chadwick Clerk of the Supreme Court of Judicature for the County of Rockingham in the State of New Hampshire do hereby certify that John Philbrick before whom the within affidavit was sworn to is a Justice of the Peace written and for said County of Rockingham and that his Signatures within are genuine

In testimony whereof I have hereunto set my hand and affixed the seal of said Court this sixteenth day of August Anno Domini 1832
P Chadwick Clerk of the 
Court Rockingham County

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South Hampton August 11 1832
I Ebenezer Gove of Huntworth in the County of Grafton and State of New Hampshire do depose and testify that I was born in Seabrook in the County of Rockingham and State aforesaid on the 8th day of April 1755, and further testify and depose that I serve as a volunteer in the service of the State of New Hampshire at two different times in the year 1775 amounting to two months in fortifying the harbour in Portsmouth in said State of New Hampshire and that Levi Eaton then a resident of Seabrook in said State of New Hampshire was with me in said volunteer service during said two months and that in December 1775 said term Eaton enlisted with me in a company commanded by Capt Thomas C Thins and Cpn raim Eaton was Lieutenant and Jonathan Burnar was the Colonel of the Regiment to which said company belonged and that we were stationed at [illegible] Medyard  Massachusetts and that he served with me in said company in the term of two months. 
Ebenezer Gove
State of New Hampshire
Rockingham SS} South Hampton August 11th 1832
Personally appeared the above named Ebenezer Gove before me John Palmer a Justice of the Peace in the county of Rockingham and made solemn oath to the above affidavit
Before me John Palmer Jus. Peace

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I Peter Chadwick Clerk of the Supreme Court of Judicature for the County of Rockingham in the State of New Hampshire do hereby certify that John Palmer is a Justice of the Peacewritten and for said County of Rockingham and that I believe his Signature to the within certificate to be genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this sixteenth day of August Annod Domini 1832
P Chadwick Clerk 
of the Court Rockingham County of