Revolutionary War Pension and Bounty Land Warrant Application File S. 21054, Polepos Austin, R.I.

Page 1

Service 
R. I.

Number 
S. 21054

Austin, Polepos or Polepus

Page 2

21291
Rhode Island
Polepus Austin of North Kingston in the State of R. I. who was a Private in the Company commanded by Captain Ashbury of the Rgt commanded by Col. Ray in the Rhode Island [?] for 2 years

[stamp: The National Archives of the United States]

Inscribed on the Roll of Rhode Island at the rate of 50 Dollars [blank] Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of Aug 1833 and [? ?] North Kingston RI

Arrears to the 4th of March 1833 $160.00
Semi-anl. allowance ending [?] 40.00
[total] $200.00

Revolutionary Claim,
Act June 7, 1832.

Recorded by D D Addison Clerk
Book [E?] Vol. 2 Page 101

[written on facing page, upside down]
Pay suspended [? ? ?] to W Updike [? ?] 1835
[?] Hon D J Pearce 11 Jan'y 1836

Page 3

State of Rhode Island, Providence Plantation
County of Washington &c
On this 5th day of September 1832 personally appeared in open court before John G. Clark
the Court of Common Pleas now sitting Polepos Austin a resident of North Kingstown in the County and State aforesaid, aged 81 years or thereabouts, 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 7, 1832. That he entered the service of the United States and served under the following officers herein stated viz. The day or year [?] which I entered the service I do not recollect. I first enlisted under capt. James Alsbury, Col. Ray Sands I think was Col. of the regiment. I served as much as three months at this time of enlistment in Jamestown and was discharged. I next enlisted in the regiment under Col. John Cook and in the company of James Parker and served on the island of Rhode Island. I served at this time about three months or more and was then discharged. I entered the service under Col. Dyer in Capt. Beriah Waits company as a substitute for Amos Gardiner and others whom I do not recollect. I served about one month and was then discharged. My service was performed and discharge granted in North Kingstown. I next enlisted under said Col. Dyer in Capt. Cole's Company, James Congdon Lieutenant, under those officers I served about

Page 4

three months. Capt. Taylor was then appointed to the company's command under whom I served as a substitute three months. I was then discharged. My service as the last time mentioned was principally in North and South Kingstown. In the same regiment I served under Capt. Nathl. Shearman about five months as a substitute. I have served in said Col. Dyer's regiment as much as six months more than what is herein comprised, under what capt. or officers I do not recollect. My service was as a substitute the principal part of the time. On the 28th of August 1778 I was in the engagement with the British on Rhode Island and was in the heat of Battle. I have no written discharge and am not possessed of any documentary evidence.
I was born in said North Kingstown in the year 1751. I do not know of any record of my age. I lived in North Kingstown at the time I was called into service, have lived there since the revolutionary war and now live there. The several times when I was enlisted or entered into service or the several times when I was discharged I am altogether at a loss to define.
[three lines crossed out]
There is no clergyman living in his neighborhood who is acquainted with his service. There is no record of his age nor any documentary evidence in relation to his

Page 5

He hereby relinquishes any claims whatever to a pension or annuity except the present and declared that his name is not on the pension roll of the agency of any State.
Polepos Austin
Sworn to and subscribed the day and year aforesaid 
in open Court
Witn' Sam. Helme Clk
[Wt?] Christopher Allen of North Kingstown residing in North Kingstown and John W. Shearman residing in South Kingstown
-hereby certify that we are well acquainted with Polepos Austin who has subscribed and sworn to the above declaration that we believe him to be 81 years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
John W. Sherman
Christopher Allen

Sworn and subscribed the day and year aforesaid in open Court Witn'd Sam'l Helme Clk
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 solider of the Revolution and served as he states. And the court further certifies that it appeared to them that 
[crossed out]
John W Sherman & Christopher Allen
signed the same are residents in the town of North Kingstown & South Kingstown
and are credible persons and that their statement is entitled to credit
Also that David Greene of North Kingstown who has signed a Deposition in this Application as a
Credible person & that his Statement is Entitled to Credit
I Samuel Helme Clerk of said Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Polepos Austin for a pension

Page 6

In testimony whereof I have hereunto set my hand and seal of office this [5th?] day of Septm'r 1832
Sam'l Helme Cl'k

[written sideways on facing page]
95
Decon
Polepos Austin
J Hall

22804

Page 7

22804
Polepus Austin

Private 2 years


John Hall
North Kingston
R Island

Page 8

War Department,
Pension Office,

183[blank]

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.

A Statement, shewing the Service of Polepus Austin, North Kingston R.I.

[column headings: Period when the service was rendered.; Duration of the claimant's service: Years. Months. Days.; Rank of the claimant.; Names and Rank of the Company officers under whom he served.; Names and Rank of the General and Field officers.; Battles in which the applicant was engaged.; Country through which he marched.; Place of abode when he entered the service, and age at the present period.; Evidence by which the declaration is supported.]

Rhode Island. 81 years, North Kingstown.
3 months. Private. Cap't Ashbury. Col'l Ray.
3 months. ". Cap't Parker. Col'l Cook.
1 month. ". Cap't B. Waits. Col'l Dyer.
3 months. ". Cap't Cole. ".
3 months. ". Cap't Taylor. ".
5 months. ". Cap't Shearman. Col'l Dyer
6 months. ". not recollected. ".
Rhode Island. 29 Aug't 1778

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

Page 9

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 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 [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 enered [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 [blank]
Sworn to and subscribed the dad rear aforesaid. [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank]
day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. [blank] who has signed the preceding certificate is a clergyman, resident in the [blank] and that C.D., who has also signed the same is a resident in the [[blank] and is a credible person, and that their statement is entitled to credit.
I [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation [sic] of for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light 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 alleged service, as they are known at the Department. A very full account of the services of each person

Page 10

3
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above 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 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 [t]he 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.
[hand drawn bracket] [d] The [underlined] declarant must mention the period or periods of the war when he served.
[hand drawn bracket around paragraph] [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. 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:
“Personalty 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.”
[hand drawn bracket around paragraph] 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.
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

Page 11

State of Rhode Island, Providence Plantation
Washington County

I Tho's P. Wells, Clerk of the Supreme Judicial Court within [?] for the County of Washington and State aforesaid, do hereby certify that Sylvester G. Shearman Esq before whom the annexed depositions and affidavit were taken, is a Justice of the Peace of the town of North Kingstown, County of Washington aforesaid, duly elected and qualified; and that his signature thereto is in his own proper hand writing.
In testimony whereof I have hereto set my hand and affixed the seal of said Court this 31st day of July 1833

Tho's P. Wells Clerk

Page 12

Washington &c- In North Kingston
July 17th 1833-

Personally appeared, before me, the undersigned Sylvester G. Shearman, a Justice of the Peace, for the said Town of North Kingston, Polypus Austin, of said North Kingston, an Applicant for a Pension who being duly sworn deposeth & 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. In the  Fall of 1775, I enlisted as a Private into a Company of Minute Men, as they were called, of which James Alsbury was Captain, belonging to a Regiment of which [Praz?] Sands was Colonel, for the term of three Months and served the term, and was stationed on the Island of Connanicut [Conanicut] in Narragansett Bay. Soon after my discharge from that Company, I enlisted with a Company of State troops, of which James Parker was Captain, belonging to a Regiment commanded by Colonel John Cook, for the term of three months, and served out the time on the Island of Rhode Island & Tiverton, this was in 1778, we were stationed at Newport, when the Enemy landed & took possession of the Town, when we retreated to Tiverton. After my  term of service in the last mentioned Regiment expired, which was in the Fall of 1778, I then entered the Company of [?], belonging to [North?] [?]

Page 13

of which ^Beriat Waite [John Parker is crossed out] was Captain, [and James illegible is crossed out] belonging to Colonel Dyers Regiment of Militia, as substitute for Amos Gardiner and served one Month, this was in 1778 and was stationed in North Kingston, In 1777 I served five months in the Company of which John Cole was Captain, and James Congdon Lieut belonging to said Regiment, part of the time for myself and part of the time as a substitute for others whose names he has forgotten, In 1778.  I served in said Company for myself and as a substitute six months stationed on the shores of the Bay in North & South Kingston, William Taylor, being then Captain of the Company, and Dyer still Colonel - in 1779 I served six months, in a Company belonging to said Regiments of which Nathaniel Shearman was Captain, making my whole term of service, under the different enlistments and officers, two years. I always served as a Private - And for this service I claim a Pension --
Polepos Austin [signature] 
Washington ss. - In North Kingston July 17th 1833 -
Personally appeared to me the subscriber, one of the Justices of the Peace for said Town of North Kingston, the above subscribed Polepos Austin who after being by me duly examined, cautioned and sworn made ^oath to the truth of the annexed Affidavit, who was by me reduced to writing in his presence, and by him subscribed in my presence, and I further certify, that his character for truth is good, & that said Affidavit, is entitled to full and implicit credit 
 Sylvester G. Shearman
Justice of the Peace

Page 14

I Samuel Browning of North Kingston, in the County of Washington, am seventy Nine years of age, during the Revolutionary War, I was acquainted with Polepos Austin of said North Kingston now Applicant for a Pension, in 1775 I served with him he and myself, being privates in a company of Minute minute men, of which James Ashbury was Captain, three months -  also in 1796 served with him, he and myself being privates in a Company of State troops of which James Parker was Captain, attached to the Regiment commanded by Col John Cooke three Months, we were stationed on Rhode Island, and at Trenton [illegible] in the Fall of 1776, in 1777 I served with him one month at Trenton, at the time of General Spencers Expedition in the Company of Militia, belonging to North Kingston of which John Cole was Captain  & James Congdon Lieut,  he and myself were privates. 
Samuel Browning
His mark + [signature]
A Sylvester G Shearman Justice of the Peace
Washington ss. In North Kingston July 24th 1833- 
Personally appeared before me, the subscriber, one of the Justices of the Peace, [illegible] North Kingston, Samuel Browning whose signature is affixed to the above Deposition who being by me, first duly examined, cautioned and sworn, gave the [illegible] deposition which was by me, to reduce to writing in his presence, and on being unable, from old Age & infirmity, [crossed out word: unable] to write his name, affixed his mark [illegible] in my presence, and I wrote his name in his presence, & I further certify that his character is good for truth.
Sylvester G Shearman
 Justice of the Peace

Page 15

I Charles Douglass of North Kingston in the County of Washington, ^ on oath testify & say that I am Seventy Five years of Age, during the Revolutionary War, I was acquainted with Polepos Austin of said North Kingston, and served with him three months in Captain Ashburys Company of Minute Men in 1775, we were both soldiers, I also served with him three Months 1776, in Captain James Parkers Company, in Colonel Cooks Regiment- 
Charles Douglass
His mark + [signature]
Attest Sylvester G Shearman his Justice of the Peace
I John Austin of North Kingston, in the County of Washington, ^on oath testify & say that I am Seventy two years of age, during the Revolutionary War, I was acquainted with Polepos Austin of said North Kingston, and served in the Company of Militia commanded by Captain John Cole in North Kingston with him Five months. According to the best of my knowledge 
John Austin 
Washington – ss In North Kingston
July 17th 1833-

Page 16

Personally appeared before me, Charles Douglass &
John Austin the Subscribed, to the annexed
Depositions, and after being by me duly examined
cautioned & sworn, gave the aforegoing Depositions,
which were by me reduced to writing in their presence, and
by them subscribed in my presence. And I further
certify that the said Charles Douglas and
John Austin, are [illegible] well known to me, and that
their characters for truth & veracity are good.
Sylvester G. Shearman
Justice of the Peace

Page 17

21054
Revolution
Invalid
No. 21054
Polepus Austin
[?] Rev War

Act: June 7" 32"
Index:-Vol. 2, Page 14

[Arrangement of 1870]

Page 18

To the Hon'l J. L. Edwards
Commissioner of Pensions
Washington City

The undersigned citizens of the town of North Kingstown, and vicinity, in the county of Washington and State of Rhode Island beg leave respectfully to represent that the following named persons inhabitants of said town, with whom the undersigned are well acquainted, and have been for many years past, who have heretofore been Pensioners under the Laws of the United States and have been recently dropped from the Pension list, Viz, Isaac Hall, Hutchinson Cole, Samuel Cole, Phenix Brown, Samuel Thomas, Polepus Austin & Isaac Spink
That we are persuaded that each of them is well entitled to claim the Pension as regulated by law; that from the great length of time that has elapsed since the termination of their service, the same being at least the ordinary length of the life of man
See over

Page 19

it would now be impossible to collect and embody the evidence of service which would be requisite in new cases to entitle them to the benefit of a Pension for the very few remaining years of their earthly pilgrimage.   Therefore the undersigned Pray that the above named persons may be reinstated on the Pension roll, and receive the same semiannual pay from the time of the last payment of their several pensions; as though they had never been suspended or dropped therefrom
North Kingstown RI. Aug't 27th 1836
William Northup
Ezbon Sanford
Pardon T Hammond
Jon. Reynolds
Nich'l N. Spink
Charles Allen
Samuel Pearce
Dieter Y. Pearce
William Browning

Page 20

The Subscribers to the within Certificate are all of them personally known to me and I have the most entire confidence in their representation.
They are individuals of the very first respectability and standing in society.
Warwick, Rhode Island
October 7, 1836
John Brown Francis

I concur in what Governor Francis has said
[Dieter J. Peane?]


I am personally acquainted with the subscribers to the within certificate and can truly say they are gentlemen of the first caracter [sic] and respectability.
I have no doubt of the correctness of their representation.
Natick R. I.
Oct 18. 1836.
Wm Sprauge

Page 21

Providence Nov 11 1836

Sir
I have been requested to write you respecting the claims of the persons named in the annexed paper whose pensions have been suspended. With their individual merits I am unacquainted nor did I ever see the statements on which they rest their claims yet I have reason to think they are entitled to pensions under the act of June 7th 1832 if they were citizens of Rhode Island during the revolutionary war & were liable by law to do military duty & more especially if they belonged to a town contiguous to the shores of Narragansett Bay.
My reasons for so thinking are because, in the first place, after the British landed in Newport in December 1776 all the militia were actually wanted to gard [sic] against their frequent incursions along the shores of the Bay. Soon after this event a Convention was held in Providence & a plan of defence [sic] & cooperation agreed upon by the New England states, but before this could be carried into effect the militia were the most

Page 22

efficient force in the State. While the troops were raising the militia were obliged to be called out & a law was passed dividing them into three classes & one class was to be on duty one third of the time. But even this was not found sufficient to gard [sic] the shores hence the Colonels and field officers of "Kings County" (now Washington) were authorized by an act of the Legislature to call out at any time such portions of the militia as would be deemed necessary. And in addition to all this in December 1777 a year after the invasion, so inadequate was the whole military force in Rhode Island to gard against the enemy, that by an act of the State the "Shore Towns" were authorized to enlist gards, to gard against their depredations, which were generally made in the night season. These gards were to receive the same pay & rations as other troops, and it is highly probably [sic] in consequence of this regulation the inhabitants of those towns did much more military duty than the inhabitants of other towns. Among the towns that had the most of those gards may be named Tiverton Little Compton on the east side of the Bay & North Kingstown South Kingstown East Greenwich & Warwick on the west side - North Kingstown & South Kingstown were very much exposed. I have heard a gentleman

Page 23

say while standing on an eminence in the former, he counted thirteen fires in one night, caused by the enemy, in his nocturnal incursions, for plunder. From the liability of the citizens to do military duty in those towns & the actual necessity there was for it I infer, indeed I have no doubt of the fact, that the aforenamed persons are entitled to pensions. Whether they have furnished the Pension office with the copies of the above laws I do not know but such were the laws respecting the shore towns. On many occasions the men in this state were all called into service not enough were left behind to do the ordinary work & the women were obliged to do it; instances of this were frequent & particular cases could be cited that have come with my knowledge as they have informed me & hence the Justice of the law of July 4th 1836 making provision for the widows who were at that time then obliged to labor.
But there is another reason why it took so many men to gard [sic] the shores - they [are?] necessary to prevent the trade which the [tories?] carried on with the enemy The British had their emisaries [sic]

Page 24

in the Country who omitted no opportunity to furnish them with provisions and it may be easily conceived how large a number of gards [sic] would be necessary to gard a coast of nearly a hundred miles in almost every spot accessible. Indeed I can hardly conceive how it would be possible for a man, liable to do duty by law, to escape doing duty enough to entitle him to a pension unless he hired on all occasions a substitute. Whether these persons each did so or not I do not know, if they did not I am confident they are entitled.

I am respectfully
your ob't serv't
Benj'a Cowell

Page 25

Dec 9
Hon'l J. L. Edwards
Commissioner of Pensions
Washington Cty
RI

[written perpendicular across the page]
Isaac Hall, 21.200
Hutchinson Cole, 21.209
Saml Cole, 21.208
Phenix Brown, 21.202
Saml Thomas, 10594
Cephus Austin, 21.201
R.I. [2020?]

Page 26

North Kingston Rhode Island
Dec'r 5, 1836

Hon'l J. L. Edwards

Sir
Enclosed you will receive the memorial of William Northup and others some of the most respectable citizens of this town - praying that certain persons therein named, inhabitants of the same town, who have been stricken from the pension roll, may be restored & receive their service pensions the same as though they had never been suspended or stricken therefrom, together with the testimony of His Excellency Gov'r Francis and Messrs. Pearce & Sprague in favor of the respectability of the morialists. Also the letter of Judge Cowell of Providence who has given consideration to the subject & who does not doubt but the persons referred to in the memorial are entitled to receive their several pensions, for the reasons suggested in his letter. The memorialists have been careful not to include the name of any pensioner who was not entitled in their opinion upon the principles of Justice, to receive the pension formerly drawn by them[crossed out] him - hence you will perceive that the names of some persons (who have heretofore drawn pensions) belonging to this town are not included. Some of the persons referred to in the memorial are extremely destitute and it is really hoped, that should you think them not entitled [to] draw the full amount allotted

Page 27

Dep. David Green

Page 28

I David Green 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 Polepus Austin of said Town, I lived in the neighborhood with him during the Revolutionary War and have been acquainted with him ever since. I know him to have been a soldier of the Revolutionary War and I served in the Company of Capt. Taylor attached to Col. Dyer's regiment with him, I know that he served in the Company of Capt. Alsbery - I have head the declaration of Mr. Austin read and I believe him to be 81 years old and I believe him to be a man of good character and that he served as he states.
David Greene

Subscribed & Sworn to in Open Court, Sep'r 5. 1832
Wm. Sam. Helme Clk.

Page 29

A letter to Hon. D. J. Pearce dated Jan 1836 states that soldier was suspended because he had probably confounded the training of the minutemen with actual service, and because the [terms?] of service in the militia given in his declaration did not correspond to those given in his depositions for others.

A.C.M.
July 20, 1910