Revolutionary War Pension and Bounty Land Warrant Application File S. 30,198, James Weston, Mass.

SERVICE
Mass.
Weston, James
NUMBER _____
S. 30. 198.
P. L. W. 3397-160-55-
CONTENTS

6992 Massachusetts
James Weston
of Plymouth in the State of Massachusetts who was a Private in the Company commanded by Captain Merrill of the Regt commanded by Col. Hampton in the Militia who for Militia for 10 mo
Inscribed on the Roll of Militia at the rate of 33 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11th day of March 1837 and sent to S. H. Paid Eigh. Plymouth Militia
Arrears to the 4th of March 1833 $66.66 Pension allowance ending Sept 33 16.66 $83.32
{ Revolutionary Claim, } { Not June 7, 1832. }
Attested by E. D. Bullock Clerk, Vol. 2 Page 92
Ord to pay June 27, 1837.
92 Plymouth

James Norton
10.378
advised
Private
10 mo o
$33.33
Jacob H Lord
Plymouth
Ms

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this Tuesday first day of August 1832, personally appeared in open Court, before Hon. Willy Wood Judge of the Court of Probate for said County now sitting at Duxbury within and for said County of Plymouth, James Weston a resident of Duxbury in said County of Plymouth, 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 7, 1832. 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. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
In November 1777 I enlisted into the company commanded by Andrew Sampson stationed at the Gurnet at the entrance of Plymouth harbor November 1 1777 in the place of a soldier named Oliver Stanford & to serve the remainder of his term which was two months & I was then discharged the last of December 1777
May 5 1778 I enlisted into the same company now under the immediate command of Lieutenant John Washburn. Stephen Churchill was also Captain but he was not in the fort nor with the company but very little as we had not much active service after the fortification were complete the company was raised for the defense of Plymouth harbor & stationed at the Gurnet I was then discharged July 1 1779 having served the term for which I enlisted which was eight months I never had a written discharge & have no documentary

evidence for the first two months I have the certificate of my Captain who is now living for the eight months service there is no officer living under whom I served but several of my fellow soldiers one of which accompanies this declaration Thomas Sampson  for others can be obtained if necessary - I was on the Garnet at the time the Brig Anacost was wrecked in Plymouth & went in the second boat that boarded that unfortunate vessel He was born in said town in said town of Duxbury in year 1761 has always resided in said town! His birth is recorded in the town records aforesaid towns. James Wesson
Sworn to and subscribed the day & year aforesaid
Attest Jacob H. Lord Register

We, Benjamin Kent a clergyman, residing in the town of Duxbury and Judah Alden, Esq. residing in the town of Duxbury hereby certify, that we are well acquainted with James Weston who has subscribed and sworn to the above declaration; that we believe him to be seventy 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.
Benjamin Kent Judah Alden
Sworn to, and subscribed, the day and year aforesaid.
Attest Jacob H. Lord Register
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Benjamin Kent who has signed the preceding certificate is a clergyman, resident in the town of Duxbury and that Judah Alden Esq 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.
By the Court Attest Jacob H. Lord Register
I, Jacob H. Lord Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Weston for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty first day of August in the year of our Lord one thousand eight hundred and thirty two !
Jacob H. Lord

James Watson Mafs.
10,378.
J. H. Lona

60 BRIEF in the case of James Weston  of Plymouth in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? before the Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Nov In 1774. substituted 2 private Gen. Samson   5 May 1778. enlisted 8 " Gen. Greville Lieut. Washburn  
 5. In what battles was he engaged? None mentioned  6. Where did he reside when he entered the service? Duxbury Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary and two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? one witness is credible as credible the other is not 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Dyer
Examining Clerk.

Application of James Weston for Bounty Land Act of March 3 d 1855.
Warrant to be sent to Samuel Stetson Duxbury Mass

State of Massachusetts } County of Plymouth } ss
144.38
On this twenty first day of March A.D. 1855 personally appeared before me a justice of the Peace, within and for the said County and State, James Weston aged 93 years a resident of Puxbury in said County, who being duly sworn declares that he is the identical James Weston, who was a Private in the War of the Revolution, and who is now a Pensioner under the Act of Congress passed the 7 th of June 1832 at the rate of thirty three \frac{33}{100} dollars per year, and that he has received his said Pension up to the 4 th day of this present month of March, by the hand of Seth Sprague Ely his Attorney, and all the proofs to establish his said claim may be found in the Department at Washington. Certificate Given at the War Office of U.S. the 11 th day of March A.D. 1833
He makes this declaration for the purpose of obtaining the Bounty Land to which he may be entitled under the Act of 3 rd of March 1855: never having received Bounty Land, or knowing that he is entitled except for the service as a Revolutionary Soldier, and he hereby prays that his Certificate thereof may be sent for him to Samuel Stetson, Puxbury, Mass.
James Weston
Sworn to subscribed and acknowledged before me the day and year first above written, and on the same day personally came before me Nathaniel Delano Jr and Alden Delano residents of said Puxbury and to me known as credible witnesses, who being duly sworn, say that they were present and saw the said James Weston sign his name to the foregoing declaration, and they further swear, that they have every reason to believe as to know from the appearance of the Applicant, that he is the identical person he represents himself to be and that they are disinterested.
Nathaniel Delano Jr Alden Delano

Sworn to and subscribed before me, and I certify that I am not interested in this case, and from personal acquaintance with the claimant I have no doubt  reason to know he is the person he represents himself to be
Samuel Stetson Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, March 22, 1855
I hereby Certify, That at the date of the annexed attestation Samuel Stetson was a Justice of the Peace for the County of Plymouth,
in the said Commonwealth, duly commissioned and constituted; and that to his 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 hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wrigley Secretary of the Commonwealth.

14438 Act. Mar. 3/55 March 26/55
James Weston Priv.
Capt. J. D. Weston Col. Capt. Costa Island Mass. Mil. Revolutionary Pension
Certificate given at the War Office 11th Mar. 1833.
Adm't H. C. Allen. Aug. 2 nd 55. B. 11/11/55.
Brynwr
3397 ip Aug 4/55
Paul Stetson
Duxbury Vol. 2, page 84 Mass 84.
St. J. Stetson. July 9 th 1855 No 1832 - No 6992

No. 14438
ACT OF MARCH 3, 1855.
Received March 26, 187 55
James Weston Cape Joshua Laland Mass Mil Revolutionary War
Warrant no 3397-160-53
Samuel Peterson Dunstable Mass

Commonwealth of Massachusetts.
Secretary's Office, Boston,
July 25 th 1855.
I Hereby Certify , That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the Name of James Weston is borne on pay roll of Capt. Joshua Vearlands (Comp. of guards stationed at Boston from Sept. 7 to Nov. 10. 1779. 1 month 4 days, as private.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright Secretary of the Commonwealth.

Rm: aot 32, mfs;
W. M. W.

3397
S Newans

30198 Rev INVALID.
File No. 30198
James Weston His Rev War
Act: June 7 th 32 nd
Index:—Vol. 9 , Page 443
[Arrangement of 1870.]

Commonwealth Bank, Pension Office Boston 21 st June 1837
Sir,
Enclosed you will receive the powers of Attorney of James Weston a pens n pr. Act 7 th June 1832 who has not been paid at this Office for two years past. The amount due on the power extending from 11 th March 1835, to 11 th September 1836, was advanced to the pens n by James Foster Esqr. Cash r of the Duxbury Bank & who neglected to present the same for payment. Be pleased to inform me if the amount due can now be paid.
I am, Sir, very resp ly , Your Ob t S er v t .
John R. Simpson President & Pension Agt.
J. L. Edwards Esqr. Com r of Pensions Washington D. C.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of James Weston 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? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 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

 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 has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  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? yes 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes  XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes  XVI. ‡ Are the papers authenticated as the regulations direct? yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes 
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, 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 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 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 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.
‡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 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.
¶ 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.

Commonwealth of Massachusetts Plymouth Y. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth being a Court of Record do hereby certify that Seth Sprague Jr is a Justice of the Peace in & for said County & that I believe his name subscribed to the within & annexed certificates are true & genuine signatures.
In testimony whereof I have hereunto set my hand & the seal of said Court this twentieth Day of September in the Year of our Lord one thousand eight hundred & thirty two.
Jacob H. Lord
Thomas Sprague Weston

To Whom it may concern I Thomas Sampson of Duxbury Testify & say that I am well acquainted with James Weston of Duxbury & remembers that he was a soldier on the Gernet at the entrance of Plymouth harbor in the year 1778 Stephen Church was captain John Washburn was our Lieutenant & had command of the company nearly all the time how long he served in that year I am not able to say I was a soldier there at the same time & we have always lived in the same town given under my hand the twenty first day of August 1832
State of Massachusetts. } Plymouth ss.
Thomas Sampson
Sworn to & subscribed the day & year above written before me I further certify that the above named Thomas Sampson is a credible person & entitled to credit
Abth Sprague Jr. Justice of the Peace

Jarvis Weston

To all Whom it may concern I Andrew Samson of Duxbury in the County of Plymouth Testify & say that James Weston was a private Soldier in my Company at the Gurnet at the Mouth of Plymouth Harbor was a Substitute and as near as I can remember served a bout two Months at the End of the Year 1777
State of Massachusetts Sworn to & subscribed Andrew Samson Plymouth ss —
This Twentyfifth day of August 1832 before me Seth Sprague Jr. Just. Peace