Revolutionary War Pension and Bounty Land Warrant Application File S. 30745, Phinehas Town, Mass.

SERVICE
Mass.
Town, Phinehas
NUMBER _____
S. 30745
CONTENTS

72 Wacouta
27534 Massachusetts
Phinehas Town
of Worster in the State of Mass. who was a private in the Comp y commanded by Captain Durbank of the Regim t commanded by Colo. Spout in the Mass. line for
6 Mon 12 days Privates
Mr. & Co.
Inscribed on the Roll of Mass at the rate of 21 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of August 1834 and sent to George Tolson Esq. Worster Mass
Arrears to the 4th of Mar. 1834 $63.99 Semi-ant. allowance ending 1 st  Sep .. 10 66 $74.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book 6 Vol. 2 Page 85

Commonwealth of Massachusetts, Worcester ss.
I, Joshua Carter, of Milbury, in said County, being seventy three years of age, testify & declare, that I am well acquainted with Phineas Towne, of Ward, in said County of Worcester, and served with him two campaigns in the Revolutionary War.
I enlisted with him early in the winter of 1779, for three months service, in the company of Capt. Hammond, Lieuts. Aaron Sibley, & Corbin - We were stationed near Albany, at least six weeks, & I think a longer time, when we were dismissed, our services being no longer wanted.
In the summer of the following year, I enlisted with said Towne in the company of Capt. Benj. Allen, Lieut. John Woodbury, Col. Rand's Regt, for three months. We marched to West Point by the way of Claverack, where said Towne with several others, was detached from our company, & sent down on the Lines - We served out the full term of our enlistment, at & near West Point -
Joshua Carter
Worcester ss. April 13, 1833.
Personally appeared the abovenamed Joshua Carter, & made solemn oath to the truth of the foregoing statement, subscribed by him. And I further certify that said Carter is a credible person, that his evidence is entitled to full credit.
George Folsom, Jus. Peace.

We, Miner G. Pratt, a Clergyman, and Jonathan Rice, both residing in the town of Ward, County of Worcester, hereby certify that we are well acquainted with Mr Phineas Towne, of said Ward, who in- tends to apply for a Pension under the Act of Congress of June 7, 1832, that we believe him to be seventy years of age, that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution, and we concur in that opinion.
Miner G. Pratt
Jonathan Rice
Commonwealth of Massachusetts.
Worcester, ss. April 19 th 1833.
Personally appeared the abovenamed Rev. Miner G. Pratt & Deacon Jona. Rice, and made solemn oath that the foregoing certificate, subscribed by them, is true. Before me Lebelus Cary Justice of Peace

I, Elijah Burbank, of Worcester, in the County of Worcester Commonwealth of Massachusetts, being sixty nine years of age, testify say, that I am well acquainted with Mr Phineas Towne, of Ward, in said County, and that we served together in the same company in the Army of the Revolution. The Company was raised in the latter part of the year 1778, for a term of three months, under the command of my father, Capt. Abijah Burbank, Lieuts. Elias Pratt, & Samuel Prentiss, Regt of Col. Sprout. We went to Rhode Island, & were employed in defence of the shores. I served in the capacity of waiter to my father, & was dismissed at the end of seven weeks, or thereabout. Said Towne was dismissed at the same time, & we came home together.
Elijah Burbank
Commonwealth of Massachusetts.
Worcester ss. Worcester, Sept. 17, 1832.
Personally appeared the above named Elijah Burbank, and made solemn oath that the foregoing statement by him subscribed, is true. And I further certify that I am well acquainted with said Burbank, and that he is a man of veracity, & his statement is entitled to full credit. Henry Paine Justice Peace

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this thirteenth day of April , in the year of our Lord, eighteen hundred and thirty three , personally appeared in open Court, before Hon Nathl Paine, Judge of Probate Court, now sitting Phineas Towne , a resident of Ward , in the County of Worcester , and Commonwealth of Massachusetts, aged seventy 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 7th, 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That he was born Aug. 1, 1762, at Oxford, in said County, whence he removed to said Ward, where he has ever since resided.
That early in the winter of 1778, he enlisted at Oxford for three months, in the company of Capt. Abijah Burbank, Lieuts. Elias Pratt & Samuel Prentiss, Regt. of Col Sprout. He served in said company at least six weeks, guarding the shores in Rhode Island, in North & South Kingstown. I cannot state precisely the length of this service, for I was dismissed before my time of enlistment had expired. Elijah Burbank, Esq., of Worcester, was in the same company, & dismissed at the same time.
Early in the winter of the following year, I again enlisted at Oxford, for three months, in the company of Capt. Hammond, Lieut. Aaron Sibley - I marched to Albany. I was stationed at Albany Flats a term of at least six weeks, when I was dismissed & returned home. I do not recollect precisely the length of this service, I think it must have been about eight weeks, but I can safely & positively declare it to have been at least six weeks. Joshua Carter, of Milbury, was in the same company. I performed the same service, as testified by him.
In the summer of 1780, I again enlisted at Oxford, under Capt. Benj. Allen, Lieut. John Woodbury, Col. Rand's Regt., for three months. I went to Clarencrack, thence to West Point; soon after my arrival at West Point, I was ordered in a detail to go down on the Lines, under Lieut. Col. Webb. I served out the full term of three months, and was dismissed at a place called North Castle.
Joshua Carter served in the same company with me, as testified in the annexed deposition.
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.
Sworn to and subscribed the day and year aforesaid.
Nathl Paine Judge of Probate for the County of Worcester
Phineas Towne

We _____ a Clergyman residing in the _____ and residing in _____ hereby certify that we are well acquainted with _____ who has subscribed and sworn to the above declaration, that we believe him to be _____ years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion. Sworn and subscribed the day and year aforesaid.
Phineas Towne 24820
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Miner G. Pratt , who signed the annexed preceding certificate, is a clergyman, resident in the town of Ward , and that Jonathan Rice , who has also signed the same is a resident in the same town , and is a credible person, and that their statement is entitled to credit.
Nathl Dame Judge of Probate for the County of Worcester
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 _____ day of _____ in the year of our Lord eighteen hundred and thirty _____
Worcester ss. Commonwealth of Massachusetts I, Theophilus Wheeler Regula of the Court of Probate for the County of Worcester do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Phineas Towne for a Pension - I further certify that Reverend Gery George Folsom and Henry Daine Esquires are Justices of the Peace in & for said County of Worcester, each of them duly commissioned and sworn, before whom the annexed affidavits were made - and that the signature purporting to be their signature is, in each & every case genuine -
In testimony whereof I have hereunto set my hand and affixed the seal of the said Probate Court this thirteenth day of April in the year of our Lord eighteen hundred and thirty three Theophilus Wheeler Reg of said Court

24820 Phineas Towne Massachusetts
Receipt.
Applicant's service
2 hours of block ea 2.24
1 - 3/4 mo 3
M ch 5, 24
pay let to agents below
June 14 1833 -
Geo d T. Johnson Worcester man

WAR DEPARTMENT,
Pension Office,
183
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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Francis Towne Worcester County State of Mass a
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     Enlisted 1778 - 3 12 priv Capt Burbank Col Spout 70 Years Ayford Living Witnesses for all the service   1779 2 12 - - Cap Hammond Mass.   " 1780 " 3 24 " " Alter Col Rand  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
+ The applicant Enlisted for 3 Mo the first tour but did not serve the 3 Mo only

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 } ss. 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 are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 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 Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and 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 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 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? { 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 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 traditional 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 so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period 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 applicant cannot, by reason of 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, I 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 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

James L. Edwards, Esq. Washington, D.C.

Horatio, Aug. 12, 1834.
James L. Canfield, Esq.
hi
I have the honor to enclose for your consideration a supplementary declaration of Mr. Phinehas Town. He is unable to explain the defect in his former declaration, as pointed out in your communication to me of June 14, 1833. It was drawn by me, & probably the error was an inadvertent one. I certainly should not have drawn it at all for a period less than six months, knowing that to be the shortest to entitle one to a pension.
I hope that Mr. Town will not be compelled to suffer through the carelessness of his agent.
With great respect
I am Your Most Obedient
Geo. Folsom.

Worcester, April 13. 1833.
James L. Edwards, Esq.
Sir
I have the honor to enclose the claim of Mr Phineas Towne for a Pension. Mr Towne had nearly determined not to apply, his term of service having been short - but it having been represented to him that he was fully entitled, he has consented to put in his claim with the rest. He is a man of very respectable standing.
I beg leave to inquire particularly respecting the returned Certificates of Ebenezer Phillips - a poor sneedy man, who is suffering for the want of the relief his pension would afford him. I returned his certificate for correction as early as December. Mr Samuel Leland is similarly situated - his Certificate having been returned in January.
I have had the satisfaction of receiving several certificates from your Department within a few days.
Very Respectfully
Your Obedient
Geo. Hobson,

Phinikas Town Maps 24820. Accepted June 14. '33

Supplementary Declaration.
I, Phineas Towne, of Ward, in the County of Worcester, & Commonwealth of Massachusetts, a claimant under the Act of Congress of June 7, 1832, for the relief of Revolutionary Soldiers, on oath declare, that the following is a true statement of my Revolutionary services according to my best recollection, and that I intended to make the same statement in my declaration already forwarded to the Pension Department, altho' from some cause, to me unknown, the duration of the service was therein incorrectly stated. I served in the army of the Revolution three several terms, viz. First, in the company of Capt. Abijah Burbank, Col. Sprout's Regiment, a term of two months. I enlisted at Oxford, & marched to Providence, at the time the enemy were in possession of Newport. We remained about one week in Providence, and thence marched to North Kingstown, & afterwards to South Kingstown, where I was stationed till discharged. I refer to the deposition of Elijah Burbank, Esq. of this County, accompanying my former declaration. Mr. Burbank was a son of our Captain, & served as a waiter to his father.
Second - I next enlisted at Oxford, under Capt. Hammond, Col. Reed's Regiment, & marched to Albany. The year I do not now recollect. On reaching Albany, we were told that our Regiment was destined for the relief of Fort Stanwix, but the sudden dispersion of the Indians rendered the expedition unnecessary. The troops from this quarter were in consequence discharged before their term of enlistment had more than half expired. I enlisted for three months, & served six weeks. I refer to the testimony of Joshua Carter, a fellow soldier in this campaign, whose deposition accompanies my former declaration.

Third - I next enlisted in the year of Arnold's treason, for three months, under Capt. Alton, Col Rand's Regt, and marched to Glaverack; & thence proceeded down the river to West Point. I served out the term of my enlistment in that vicinity, & was discharged at North Castle. I refer again to Mr. Carter's deposition, who served with me in this campaign also.
Commonwealth of Massachusetts.
Worcester ss. Aug. 12, 1834.
Phineas Towne
Then the abovenamed Phineas Towne personally appeared before me, a Justice of the Peace within the said County of Worcester, and made solemn oath to the truth of the foregoing declaration, & subscribed the same.
George Folsom, Jus. Peace.

30745 Buy INVALID.
File No. 30,745
Phinehas Town
Lu Rev. Mr.
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 421
[Arrangement of 1870.]