Revolutionary War Pension and Bounty Land Warrant Application File W. 1543, Joseph Brown, R.I.

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SERVICE                                          
R. I.                 

Brown, Joseph         
Lucretia       

NUMBER 
W. 1543
B.L.H. 26, 918-160-55

CONTENTS

F, Nov. 18, 1749, at North Kingston, R.I. there about  In, 1832 res of Marblehead, Essex, Mass d Apr. 1, 1834.

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21. 338
Massachusetts
Joseph Brown 
Of Essex in the State of Mass who was a private in the Corp. commanded by Captain Dyer of the Regt commanded by Col. on the RH. Island line for 10 Mas: 20 days 

R [illegible signature]

Inscribed on the Roll of Mass'tts.
the rate of 33 Dollars 53 Cents per annum to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 13 day of Sept. 1833 - and sent to F. Robuson 
Marblehead

Arrears to the 4th of [illegible] ' 33    $88 ''82
Semi-anl. allowance ending 4th '34     17''76
                                                              $106''58
                                               {Revolutionary 
                                     Claim, Act June 7, 1832}

Recorded by Go. C Stiles Clerk, 
Book E. Vol. 24. Page 9.

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231
Massachusetts
Lucretia Brown 
widow of Joseph Brown 
RI
who served in Revolutionary war, as a Private 

Inscribed in the Roll at the rate of 33 Dollars 53 Cents per annnum, tom commence on the 4th day of March, 1848. 

Certificate of Pension issued the 19 day of June 1849, and sent to 
James Gregory 
Marblehead 
Mass

Recorded on Roll of Pensioners under 29th July 1848, Page 53 Vol.

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98.784 - [illegible] March 3/55
April 26/55

Lucretia Brown 
wife of 
Joseph Brown - pvt & Pens.

Revolutionary war 

Mass July 48- 231 

[illegible]

Jas Gregory & Son 
Marblehead 
Mass


no. 26.918 [illegible] May 27/26 [handwritten diagonally]

J. Gregory & Son [illegible] 6/55

Vol.  R2-69.

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13.717
Frederick Robinson of
Marblehead Atty.

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


STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss. 

On this third day of October A.D. 1832, personally appeared in open court before the Honorable Daniel Appleton White, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Joseph Brown, a resident of Marblehead, in the County of Essex and State of Massachusetts, aged 83 years, who being first duly sworn according to law doth, on his oath, make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832: 
That he entered the service of the United States, under the following named officers, and served as herein stated: 

He was born in North Kingstown on Naraganset bay in Rhode Island on the 18th Nov A.D. 1749. He has no record of his age. He was living in said North Kingstown when he entered the service, soon after he went to Marblehead and has lived here ever since. He was the slave of Briah Brown of said North Kingstown, and was the substitute of Christopher Brown his master's son about the middle of the Revolutionary war, served ten months and twenty days, to complete the term of his masters's son, who left the company to go a privateering as Lieutenant under George Babcock. The company in which he served of about sixty men, under the command of Capt. Dyer + Caleb Allen Lieut. kept guard from a place called Boston Creek to Greenwich on Naraganset Bay, there were no other companies stationed there. He received no written discharge, he stayed his master's son's time out = was then permitted to return home. He is well known in Marblehead, + Robert Harris, John Orne, John Bond, Joshua Prentiss +Nathan Bowen

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of Marblehead can testify to his character for veracity and their belief of his services as a soldier of the Revolution. 

Joseph Brown 

The said Brown in amendment of this above declaration in relation to the time of service, says, that the time he was in the service  he can never forget, because he was the slave of said Briah Brown, + at the time he entered the service he was promised his liberty if he would faithfully serve out his master's son's time, that he did not received his liberty. He says that he can well recollect that towards the last of the time of his service he + the rest of the troops were under General Suleven [Sullivan], meet the British burnt Bristol during the time. He says he known of no one living , who can testify to his service. The last men he know of who served with him died in marblehead two or three years ago, but the tradition of his service is perfect. He was lead to believe from the intentions of the war department that his pension could be obtained without 

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State. 

Joseph Brown

Sworn to and subscribed the day and year aforesaid  D A White Judge of Probate. 

We, Samuel Dana a clergyman, residing in Marblehead aforesaid, and Nathan Bowen - Esquire, a magistrate, residing in marblehead aforesaid, do hereby certify that we are well acquainted with Joseph Brown, who has subscribed and sworn to the above declaration ; that we believe him to be 83 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.  


Subscribed and sworn to before
Sam Dana 
Nathan Brown 
A White 
J. [illegible]

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And the said Court hereby declares its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that Samuel Dana, who has signed the preceding Certificate, is a Clergyman resident in Marblehead, and that the said Nathan Bowen, who has also signed the same is a Magistrate resident at Marblehead, and is a credible person and that their statement is entitled to credit. 
D A White Judge of Probate

[illegible] direct testimony of his service by a living witness, or he should not have applied. 

I, Nathaniel Lord Junior, Register of the Court of Provbate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Brown  for a pension.

Testimony whereof I have hereunto set my hand and seal of office this third day of October, A. D. 1832.

Nathl. Lord Jr.

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No 304
Lucretia Brown 
[illegible] of Joseph 
Mass 
act 24 July 1848
[illegible] 1794
[illegible] 1834
[illegible] 33.33 [illegible]
[illegible] 4 March 1848

James Gregory 
Marblehead 
Mass

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Commonwealth of Massachusetts. 

Secretary's Office Boston February 1st 1849 - 

I hereby Certify, that at the duty of the annexed attestations Daniel A. White was Judge and Nathaniel Lord [illegible] was Register of the Court of Probate - and James Gregory was a Justice of the Peace, all for the Court of Essex,

in the said Commonwealth, duly commissioned and constituted; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court. 

In Testimony Whereof, I have hereto affixed the Seal of the Commonwealth, the date above written. 

W B Calhoun 
Secretary of the Commonwealth.

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State of Massachusetts 
County of Essex 

On this second day of January, A.D. 1849, personally appeared in open Court, before the Court of Probate within and for the said County of Essex. Lucretia Brown, a resident of Marblehead in said County, aged seventy-five years, who being duly sworn according to law, doth on her oath, and from the best of her knowledge and belief make the following declaration, in order to obtain the benefit of the provisions made by the Act of Congress passed the 29th day of July, A.D. 1848. 

That she is the widow of Joseph Brown, who was a private in the militia service of the State of Rhode Island, in the War of the Revolution; that her said late husband was a pensioner under the provisions of the Law of June 7th, 1832, at the rate of thirty-five dollars and 53 cents per annum; and as she has no copy of his legal declaration and the evidence of the service under which he was pensioned, she begs to refer to the records of the War Department for all the particulars in proof of the same. 

She further declares that she was married to the said Joseph Brown on the fifth day of January in the year seventeen hundred and ninety from that her husband that aforesaid Joseph Brown died on the first day of April A.D. 1834; that she was not married to him prior to his leaving the service, but the marriage took place previous to the second day of January, eighteen hundred, viz at the time above state. She further swears that she is now a widow.

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- and has not intermarried since the decease of her said husband, and that she has never before made any appreciation for a pension, except having formerly petitioned Congress for the benefit of the law of July 7th, 1838. 

Witnessed by 
T. Bonder                
Lucretia Brown her X mark

Sworn to and subscribed the day and year first above written, before me - 

DA White 
Judge of said County of Probate 

Commonwealth of Massachusetts 
County of Essex ss. Probate office 
I Nathaniel Lord junior, register of probate for said county, hereby certify that the honorable Daniel A. White, before whom the foregoing declaration [illegible] to have been taken, in the judge of probate for said county; and that his name subscribed to the certificate thereon is his genuine signature; the same having been done in open probate court. 

Given under my hand and seal of office this second day of January, A.D. 1849. 

Signature of Nathaniel Lord

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Extract from the Record of Marriages in the Second Congregational Parish of the town of Marblehead in the County of Essex and State of Massachusetts. 

Seventeen hundred ninety-four, January fifth. Joseph Brown & Lucretia Thomas. 

I certify that the above is a true extract from the said Record of Marriages, with the exception of the date, which is expressed on the Record in fair and legible letters and figures as follows, viz: - "1794 Jany 5" 

Witness to signature 
fo J. Bartlett 

M F Gerry              John Bartlett, Pastor
J. Bartlett 
(Particulars of signature at bottoom:)

I, John Bartlett, above named, depose and say that I am the regular Pastor of the above named Parish and have the custody of the Marriage Records thereof, and that the above is a true extract from said Record, with the exception above named, as certified by me - 

Witnessed by 
M F Gerry 
J. Bartlett            John Bartlett, Pastor. 

Essex ss. January 31st -, 1849 
Then personally appeared the above named John Bartlett, who is well known to me as the regular Pastor of the above named Parish, and made oath to the truth of the foregoing affirmed by him subscribed - the above and that at his request I lead his hand at the second signing thereof 

Before me, James Gregory, Justice of the Peace

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I, Lucy Ann R. Fountaine, wife of James W. Fountaine, of Marblehead in the County of Essex, [illegible], I on my oath testify and declare - that I well knew Joseph Brown, late of said of Marblehead, Revolutionary Pension, deceased, and that he died sometime in the month of April AD 1834. I am also well acquainted with Lucretia Brown, the widow of said Joseph Brown, whose name is signed to the foregoing declaration, and I do well know that she the said Lucretia is still a widow and has not intermarried since the decease of her husband, Joseph Brown aforesaid. 

Lucy A. R. Fountaine. 

Commonwealth of Massachusetts, 
County of Essex - - - - 

I, the subscriber, do hereby certify that on this thirty-first day of January A.D. 1849 the above names Lucy A. R. Fountaine personally appeared before me and subscribed the above affidavit and made oath in the form of law to the truth of the same. And I do further certify that the said affixed is a credible witness to me personally well known. 

Attest, James Gregory, Justice of the Peace

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98.764

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Declaration of a WIDOW who has NEVER HAD a Land Warrant

State of Massachusetts                                                          }ss
County of Essex 

On this Twenty eighth day of March, A.D. one thousand eight hundred and fifty five, personally appeared before me, a Justice of the Peace within and for the County and State aforesaid, Lucretia Brown aged Eighty one years, a resident of Marblehead in the State of  Massachusetts who, being duly sworn according to law, declares that she is the widow of  Joseph Brown deceased, who was a  Private of the Army of the Revolution and a Revolutionary Pensioner under the Act of June 7th, 1832  at the rate of thirty five dollars and 53 cts. per annum  She further declares that she herself was pensioned at the same rate as her said late husband on the 19th day of June, 1869, under the provisions of the Act of July 29th, 1868.
She further states that she was married to the said  Joseph Brown in said Marblehead , on the fifth day of  January  A.D. 1796, by one  Isaac Story, a Clergyman, and that her name before her said marriage was  Lucretia Thomas; that her said husband died at said Marblehead, on the first day of March, A.D. 1834, and that she is now a widow; and she begs to refer to the evidence upon which she herself was pensioned, as aforesaid, for all the proof and particulars of her claim not herein set forth and produced.
She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the "Act approved March 3, 1855," and prays that the certificate thereof may be sent for her to James Gregory & Son, of Marblehead, Mass.; and declares that she has not received a Bounty Land Warrant under this or any other Act of Congress, nor made any other application therefor.
Witnessed by Lucy A. Fountain
her
Lucretia x Brown
mark

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We James W. Fountain and Lucy Anna Fountain residents of Marblehead in the State of  Massachusetts upon our oaths declare that the foregoing declaration was signed and acknowledged by said Lucretia Brown in our presence; and that we believe from the appearance and statements of the applicant, that she is the identical person she represents herself to be and we know that she is now a widow.

James W. Fountain
Lucy Anna Fountain

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be; and that I have no interest in this claim.

James Gregory, Justice of the Peace.

COMMONWEALTH OF MASSACHUSETTS.
Essex, ss.
To all people to who these presents shall come.
I Asabel Huntington, Clerk of the Court of Common Pleas for the County aforesaid, do certify, that James Gregory esquire, before whom the accompanying declaration and affidavit were made was at the date thereof, a Justice of the Peace, within and for said County duly authorized and qualified to administer oaths, and take acknowledgements, and that his signature thereto is genuine.

In testimony whereof I hereunto set my hand and the seal of said Court, at Salem, on this twenty first day of April in the year of our Lord one thousand eight hundred and fifty-five. 
A Huntington CLERK.

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We James W. Fountain and Lucy Anna Fountain residents of Marblehead in the State of Massachusetts upon our oaths declare that the foregoing declaration was signed and acknowledged by said Lucretia Brown in our presence; and that we believe from the appearance and statements of the applicant, that she is the identical person she represents herself to be and we know that she is now a widow.

[signature James W. Fountain]
[signature Lucy Anna Fountain]

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be; and that I have no interest in this claim.

[signature James Gregory], Justice of the Peace.

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13717
Joseph Brown
Mass

Private 10 months 20 days

4.1306
May 20. 1833
P.404

220
33.33
35.53
[illegible]
[illegible]
88.82

F. Robenson
Marblehead
Mass

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BRIEF to the case of Joseph Brown
County of Essex in the State of
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 33
4. State his service as directed in the form annexed.

Substitute for his Masters son Christopher Brown and served out his said Masters term.

Said Masters term [had a] duration of service [of] 10 months 20 days under Captain Dyer and Lieutenant Allen

This service was performed about the middle of the War.

5. In what battles was he engaged? None
6. Where did he reside when he entered the service? Kingston R. I.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect?

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

[signature George Taylor]
Examining Clerk.

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Marblehead, February 2, 1849

Honored Sir:

I have the honor to forward herewith the Declaration of Lucretia Brown, widow of Joseph Brown, who was pensioned on the 13th of September 1833, at the rate of $35.53 under the provision of the law of June 7th, 1832.

Mrs. Brown is a resident of this town -as was also the deceased husband-and she claims the benefit of the law of July 29th, 1848,-having been married just six days too late to make her entitled to the benefit of the law of July 7th, 1838.

I am, with very good respect, your Honor's humble servent.
James Gregory

James L. Edward, Esq.
Commission of Pensions,
Washington, D.C.

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Joseph Brown, mass Act 7, June 1832 $35.53 per annum.

To what [illegible] was he best paid? Pension Office June 12, 1849

Died 1 April 1834 Paid in full
W Tyson

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13717
Joseph Brown

F Robenson Esq
Marblehead
Mass

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

I. Does the declaration show where 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?  No

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 than 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?  Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

XIII. If the applicant had 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 be had?  No

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service,      has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 

XV. Does it appear from any of the papers that the witness was in such a situation, or of such age, as to have a personal knowledge of the applicant's service?  

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 words: 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 he 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 recolection he served not less than the periods mentioned below, and in the following grades; For year monts 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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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 in-definite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 shewn 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 the garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. 
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 have administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate mist be certified by the proper officer, under his seal of office.
QUERE XVI. 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 paper authenticated, the certificate must be attached thereto by a piece of tape of 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. 
In every case where the clerk of the court, or other certifying officer, 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.

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26.918 

Rev War

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WIDOW, &c.
Revy
File No. 1543
Lucretia Brown
Widow
Joseph Brown
Pen. Rev. War
Act: July 29 1848
Index: - Vol. A, Page 81

[arrangment fo 1870.]