Revolutionary War Pension and Bounty Land Warrant Application File S. 17771, David Weston, Mass.

SERVICE
NUMBER
Mass.
Weston David
S. 17771
CONTENTS
carded

80 Phym
Feb 4. 1836
15438
Massachusetts
David Weston
of Symmes in the State of Mass who was a Private in the Company commanded by Captain Wade of the Regt. commanded by Col. Cotton in the Mass line for 21 months
Inscribed on the Roll of Massachusetts at the rate of 270 - Dollars Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 14 th day of June 1835 and sent 24 Dollars By month, Mass
Arrears to the 4th of March 1833 $140.00 Semi-ant. allowance ending 2/14/35 35.00 $175.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Book
W. H. Wilson Clerk, Vol. 2 Page 93

David Weston
22/74
In testimony whereof, I have hereunto set my hand and seal of office, this day of [blank] in the year of our Lord one thousand eight hundred and [blank] and of the independence of the United States the [blank].
Person and that their statement is entitled to credit. also signed the same, as a resident in the town of [blank] and that [blank] who has signed the preceding certificate, is a gentleman resident in the town of [blank] and is a credible person.

No 40
REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this eight day of August 1832, personally appeared in open Court, before the Court of Bristol
now sitting at Middleborough within and for said County of Plymouth, David Weston a
resident of Middleborough in said County of Plymouth, and Common-
wealth of Massachusetts, aged seventy eight 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 relinquish-
es 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. That he enlisted as a private
in Capt Amos Wade Company in Col. Cotton Regiment
in the Spring of 1775 for eight months & served as
a soldier in said Company during that time, about
six weeks, at Nyne in the in said County, & the remain-
der in Dorchester near Boston, eight months the expired
Jan 1. 1776. Isaac Perkins & Asa Richmond were with me
That he enlisted in Capt. Joshua White, Company
in the fall of 1776 in for two months & served
as a soldier in said Company at Newport R.I.
that time, about two months, Joseph Clark from
of Middleborough was surgeon, mate & Allen
was the Surgeon at that campaign.
December 5 th .
That in the winter of 1776 he enlisted in Capt.

Allen, Company in Col. Hott Regiment for three months & served that term of time at Bristol R.I. Samuel Cobb of Middlebury was with me & that he was a corporal in said company
That in 1777 he enlisted in Capt. Bensen Company in Col. Putnam's Regiment for eight months & marched from to Albany & then to Fort Edward & served in said company eight months, & was at the taking of Gen. Burgoyne this campaign ended Jan. 1. 1778 & does not know any person in said company now living. one Eaton was our Surgeon's mate, He does not remember the Lt. or Ensign -
& he say that he was at Barn at Shympton in said County & moved into said Middlebury when when ten years old - & have lived in said Middlebury & does not know whether his birth is recorded in the town books, or not. He was at said Middlebury when he enlisted as aforesaid - that he never had any  but one written discharge & was a private in said campaigns that he is well known to the inhabitants of said Middlebury & especially to Dea. Asa D. Thompson & Dea. Joseph Clark & that he served as a soldier in the Revolution the full period of twenty one months as above & there is no Clergyman in my neighborhood David Foster
Sworn to and subscribed the day & year aforesaid Attest Jacob H. Lord Reg.

We, Seth Eaton & Joseph Clark  a clergyman residing in the town of Middleborough and county of PLYMOUTH
hereby certify, that we are well acquainted with David Weston who has subscribed and sworn to the above declaration; that we believe him to be seventy eight 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 to, and subscribed, the day and year aforesaid.
Joseph Clark Seth Eaton
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 Seth Eaton Esq who has signed the preceding certificate, is a clergyman  Magistrate resident in the town of Middleborough and that Doctor Joseph Clark 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 David Weston for a pension. In testimony whereof, I have hereunto set my hand and seal of my office, this eighteenth day of February in the year of our Lord one thousand eight hundred and thirty three
Jacob H. Lord

22774
David Weston Man
Private 21 Mowts
MC
J. A. Lord Plymouth (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 subjunct 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 David Weston Plymouth Co Mass
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     Vol 1775 — 8 — priv Capt Wade Col Cotton — Southern 78 yrs Traditionary   " 1776 — 2 — — White — — — Middlebury { Living Witness   " 1777 — 8 — — Allen Wall Burgoy Rhode Island —   " 1777 — 8 — — Benson Putnam — Albany Mass Witnesses  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 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.
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 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 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 [i] 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.

17 771 INVALID.
File No. D  On 17,771
D Da David Weston
By Rev Nor
Act: June 7" 32
Index:—Vol. / , Page 406
[Arrangement of 1870.]

I Joseph Clark of Middleborough and County of Plymouth and state of Massachusetts of lawfull age to give evidence to testify and say that David Weston of Middleborough aforesaid enlisted under the command of of Capt Joshua White of Middleborough aforesaid and Marched to Newport in the state of Rhode Island and joined the Regiment commanded by Col John Cushing the time of the enlistment was in September Seventeen Hundred and seventy six and the said David Weston there served two months in the said Col Cushing's Regiment and then was discharged and returned home to said Middleborough and there is still living Further the deponent saith most NB the above named deponent was at the above named time Surgeons Mate - Joseph Clark
Plymouth Jp August 8 th 1832 on this day the aforesaid deponent was cautioned examined and sworn to the truth of the above deposition to be used by the said above named David Weston in proving his claim to a pension agreeable to an act of Congress passed June Eighteen Hundred and thirty two and I certify that the said Joseph Clark is a person of truth & veracity and in my opinion is a credible witness - Seth Eaton Justice of the Peace
Commonwealth of Massachusetts Plymouth Jp. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that Seth Eaton Esq, William Nelson Esq & Nathan Mitchell Esq. are Justices of the Peace in & for said County & that I believe the signatures to these several certificates /imprinting to be genuine are their true signatures
In testimony whereof I have hereunto set my hand & seal of office this eighteenth day of February A D 1833 Jacob H. Lord

I Samuel Cobb of Middleborough in the County of Plymouth - depose, and say, That David Weston was a Soldier in the Company of Capt. Nehemiah Allen's Company & in Col. — Botton's Regiment - for the term of Three Months, in what was called - the Bristol Campaign, in the state of Rhode Island which campaign commenced on the 5 th of December 1776 and ended of the 5 th of March 1777 - That the said Weston and I were Corporals together, in the said Campaign, and that I have been acquainted with him ever since that time ✓ Samuel Cobb
Plymouth ss. August 8 th 1832 - Then the above named Samuel Cobb made Oath that the above Deposition by him subscribed is just and true in all its parts
Before me, W m Nelson Justice of Peace I hereby certify that the above named Samuel Cobb is deemed to be a Man of Truth and Veracity, and in my opinion is a credible Witness W m Nelson Justice of Peace

David Weston of Middleborough in the County of Plymouth in the Commonwealth of Massachusetts, enlisted as a private in the company under Capt. Wade in Col. Cotton's Regiment in the Spring of 1775 for the period of eight months, in the army of the Revolution, was about six weeks Plymouth & the rest of the time at Dorchester near Boston, & was doing actual service in the Revolutionary War during said eight months ending Jan. 1. 1776. In 1777 I enlisted as a private in Capt. Benson's Company in Col. Putnam's Regiment went to Albany thence up the River to Fort Edward, was at the taking of Gen. Burgoyne I was a private in Capt. Benson's Company eight months ending Jan. 1. 1778. I was at Newport Rhode Island the two months, a private in Capt. Joshua White's Company in the fall of 1776 in Sept. Oct. & Nov. in the service of the army - I was also at Bristol Rhode Island three months a private in Capt. Michael Allen's Company

in Col. Hall's Regiment during all which several times, amounting to twenty one months in the whole, I was doing active duty in the army of the Revolution Dated at Bridgewater in said County July 13. 1832 In presence of William Latham Nathan Mitchell
David Weston
Whereas the p. July 13. 1832 then the above named David Weston personally appeared & made oath to the truth of the above declaration, before me by me subscribed - Nathan Mitchell Justiciary
I Isaac Perkins of said Middleborough do testify & say that I have always lived near the dwelling of the above named David Weston in said Middleborough & have always been acquainted with said David even since my youth & said David enlisted with me in Capt. Wade's Company in Col. Cotten's Regiment in 1775 as a private for eight months & said David was with me during eight months in said Company & the David Weston who has this day signed the above declaration is the same man who was with me in said Wade's

Company during eight months the in 1775 ending Jan. 1. 1776. part of them at Plymouth & rest at Dorchester & further said Isaac with rest, & at Bridgewater in said Company July 13. 1832. Isaac Perkins
Plymouth J. July 13. 1832 then the above named Isaac Perkins personally appeared & made oath to the truth of the above declaration by him subscribed before me
Nathan Mitchell. Jus. of Peace
I, Amos Richmond of Town in the County of Bristol do testify & say that I have always lived near the above named David Weston & have known him from my youth. & said said David enlisted with me in Capt. Hood's Company in Col. Cotton's Regiment in 1775 for eight months & I was in said Company in the army of the Revolution at Plymouth & Dorchester eight months ending Jan 1. 1776. & one David Weston was with me in said Company during said eight months & the David Weston who has this day signed the above declaration, is the same person who

was with me in Capt. Wade's Company for eight months of the war
Dated at Bridgetown July 13. 1832. for the said Mr. Richmond will not.
✓ Adalidmond
Whereas the p. July 13. 1832 the the above named Mr. Richmond appeared & made oath to the truth of the foregoing statement by him subscribed before me — Nathan Mitchell Justice of the Peace
Whereas the p. July 13. 1832 the the this may certify that I am acquainted with the above named Isaac Perkins & Mr. Richmond & according to my knowledge & belief they are credible witnesses & entitled to confidence Nathan Mitchell Justice of the Peace
Nathan Mitchell

John Elliot of Taunton in the County of Bristol & Commonwealth of Massachusetts age Seventy Seven years. do testify & say, that I was acquainted with David Weston, now Resident in Middleborough in the County of Plymouth, in the year 1777 - in March of the same year he enlisted in the Company of Capt. Joseph Bensen in Col. Rufus Putnam's Regiment. & remained in the service eight months. to my knowledge as I enlisted & served in the same Company -
Witnesses W. A. D. Dyer
his John X Elliot Mark
Commonwealth of Massachusetts -
Bristol ss. September 13. 1832 Then the above named John Elliot personally appeared before me & made oath to the truth of the above deposition (see other side of this leaf) by him subscribed
W. A. D. Dyer Justice of the Peace
Commonwealth of Massachusetts.
Bristol ss. I, James Sprague, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that William A. D. Sprague, Esq., whose signature is subscribed to the foregoing certificate, is a Justice of the Peace in & for said County of Bristol, and qualified to administer oaths.
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this thirteenth day of September, in the year of our Lord one thousand eight hundred and thirty two - J. Sprague

I hereby further certify that the within named John Elliot is a creditable person -
Dec 29. 1832
W. H. B. Groat Jur Pacis