Revolutionary War Pension and Bounty Land Warrant Application File S. 17,174, Joseph Waterbury, Conn.

SERVICE
NUMBER
Conn.
Waterbury, Joseph
S. 17. 174.
CONTENTS
Carded

28244
Connecticut
Joseph Waterbury of Hartford in the State of Massachusetts who was a private in the company commanded by Captain _____ of the reg t commanded by Col Waterbury in the Connecticut line for 14 years and 6 months
Inscribed on the Roll of Connecticut at the rate of 60 Dollars _____ Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of April 1824 and 1826 Parsons Hartford
Arrears to the 4th of March 180,000 Semi-annual allowance ending Sept 5 30,000 210,000
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml Lloyd Clerk, Book 82 Vol. 7 Page 48

PENSION ACT OF 1832.
Declaration of Joseph Waterbury
in order to obtain the benefit of the
Act of Congress, passed June 7, 1832.
STATE OF CONNECTICUT } ss. Hartford COUNTY OF Hartford }
On this 3 rd day August 1832, before the Probate Court for the District of Hartford in the County of Hartford and State of Connecticut being a Court of Record, having by law a Clerk and Seal, personally appeared Joseph Waterbury a resident of Methersfield in the County of Hartford and State of Connecticut aged Seventy Six 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 as a private in a company commanded by Captain Sylvanus Brown  Lieutenant not re collected and Ensign James Whiting at Stamford in the County of Fairfield and State of Connecticut on or about the 9 th day of May 1775; that said company belonged to a regiment of regular State Troops commanded by Colonel David Waterbury Lieutenant Colonel not re collected and Major Hobly . That he the deponent was enlisted for Six months, and continued to serve in the said Corps, until on or about the latter part of November 1775 when he was dismissed from the service, at or near a place called Montreal in the County of  Canada and State of  County of Fairfield ; that when he entered the service, he resided in Stamford in the County of Fairfield and State of Connecticut and was marched from Said Stamford to New York ; after remaining there a short time, he marched to Tienderoga by the way of Albany , at the time the expedition was planned against Canada , under the command of Generals Schuyler and Montgomery : That the American Troops in which he served, consisting of about 1000 men landed about the 10 th of September 1775 , at St Johns , the first British post in Canada , 115 miles north of Tienderoga but soon retired to the Isle aux Noix , 12 miles south

of St Johns where they remained until the Artillery and reinforcements arrived, when the Army was embarked and proceeded to invest fort St Johns about the 25 th of September, and received the capitulation of this fort about the 3 rd of November 1775 - That the Army under Gen Montgomery next proceeded against Montreal, which place surrendered about the 13 th of November 1775 -
2 o And the deponent further declares, that about this time, his first term of service expired, and he immedi- ately re-enlisted about the 17 th November 1775 as a private in a company command- ed by Captain Albert Chapman, 1 st Lieutenant John Waterbury, 2 o Lieutenant Shubael Gorham - in the regiment commanded by Colonel Elmore & Major James Lockwood, and served in said Corps for the term of six months: That during nearly the whole of this term of service he was stationed in the garrison at Montreal, until General Montgomery was killed , when he was ordered to Quebec - That he was at Quebec, when General Wooster arrived, and took the command, and at the time General Arnold fell from his horse and bruised his leg which had been unpleasant at Quebec - He recollects the fire ships prepared at Orleans, which used against the British shipping in the harbour, and saw one ship on fire, which was carried down the river without injuring the British shipping - The American Army was drawn up at this time in order to attack Quebec, if the plan of the fire ships had succeeded - but at this time when proposing an assault they did not attempt it, scared the walls; he recollects the British fleet moving up the river about the 6 th of May, and firing bombs at the American Camp - about this time Governor Carleton made a sortie and the Americans retreated up the river; to a place called De Chambeaus; That the deponent was dismissed at a place called Three Rivers
3. And the deponent further declares, that he enlisted into the Army of the United States, as a private in a company commanded by Captain Sylvanus Brown, Lieutenant Joseph Webb, and Ensign Gideon Waterbury (his uncle), that said company belonged to a regiment commanded by Colonel Cooke Tulliman of Fairfield - Lieutenant Colonel Chandler of Newton.

That he the deponent was enlisted for six months and served in the said Corps until about the middle of November 1770 the whole term of six months - That he was on Long Island when the British landed & during the battle in August and was in the "Battle of the White Plains" the latter part of October 1770 and was discharged at or near West Chester - Saw General Washington & Genl. Putnam at White Plains; Saw Genl. Washington & Putnam on Long Island - so the officer -
And in reply to certain interrogatories prescribed by the War Department and propounded by the Court, the deponent further declares,
1st. That he was born at Stamford in the County of Fairfield and State of Connecticut on the 12 th day of February 1736.
2d. That the day and year of his birth is recorded in Town Records of Stamford as he understood from his father now dead but has never seen the record.
3d. and 4th. That when he was called into service, he resided at the places or towns as herein before stated; and served in the manner set forth in the preceding declaration.
5th. That the general circumstances of his service are detailed in the preceding declaration, and also the names of such officers, &c. as he distinctly recollects.
6th. That he never received a written discharge from the service.
7th. That he is personally known to The Reverend Caleb J. Jenney - John Williams Martin Wells Esq. Hon. Stephen Alex Hitchcock & many others, who are respectable persons in the neighborhood where he now resides, and can testify as to his character for veracity, and also their belief of his services as a soldier of the Revolution.
And the said Joseph Waterbury 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.
Joseph Waterbury
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 The Reverend Caleb J. Jenney & John Williams Esq both of Wethersfield in the County aforesaid, whose affidavits are hereto annexed are credible persons, and that their statements are entitled to credit.
I, William Whitman Clerk of the Probate Court for the District of Hartford do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Waterbury for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 3 rd day of August 1832.
Wm Whitman, Clk of Court of Probate for district of Hartford

State of Connecticut } ss. Hartford County of Hartford
Personally appeared before me, the undersigned a Notary Public for the County of Hartford. Joseph Water- bury, 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 with following grades:
1 st For six months I served as a private in Captain Sylvanus Brown's company of infantry, in the year 1775.
2 nd For six months , I served as a private under Captain Albert Chapman in a company of infantry -
3 rd For six months I served as a private in Captain Sylvanus Brown's company of infantry until Nov. 27 th Dec. 1775 and for such service I claim a pension. For the declar- that notwithstanding diligent enquiry I can not find any person now alive who served with me or can testify to my service and therefore rely on my own solemn declara- in and the affidavit of my deposition as to my good character & reputation reputation - my whole term of service amounts to at least 18 months -
Given to be subscribed
this 28 th day of November 1832
Before me
Samuel H Parsons
Notary Public
State of Connecticut } ss. Hartford County of Hartford
On this 27 th day of May 1833, before me the
subscribed a justice of the peace for said County of Hartford personally appeared Joseph Waterbury well known to me to be the person described in and who executed the preceding affidavit or supplementary declaration was sworn to & subscribed by him the 28 th day of November 1832 before Samuel H Parsons Notary Public and that the statements therein contained are true
Sworn to & subscribed the 27 th day of May 1833 Joseph Waterbury
Before me
James L Belden Justice of Peace

Hartford December 3 d 1833 Sir.
I have obtained the affidavits of Peter Smith and Stephen Bishop relative to the services of Joseph Waterbury as directed in your letter of August 17 th 1833.
Mr Waterbury claims for 18 months services. His documents are now forwarded with the affidavits of Bishop Smith. I also forward the letter of Mr Minor explaining the reason for omitting the testimony of Saber Smith &c. I trust the evidence will be deemed perfectly satisfactory - and that Mr Waterbury will be allowed for 18 months services.

Mr Miner, before whom the affidavits were taken is personally known to you, having visited Washington a few months, since relative to some pension applications from Stamford. Will you favor me with an early reply -
I am Sir:
L. Edwards Esq. Commissioner of Pension Washington
Very respectfully Your obed Servt Samuel W. Parsons
Waterbury, Joseph Conn. 5/7/74

Joseph Waterbury
bale
Stephen Berube Isaac Smith Peter Smith.
allege they served in Capt Sylvanus Brown's Co in 1775-26
J. H. Parsons,
Hartford Jan 27 1906 p- 18 ms # 60.
see letter of Aug 1906
Waterbury, Joseph Conn. 5/7/74

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 Waterbury which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a full and complete statement of every claim to any other pension than the one under the Act of VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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?
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?
It is not shown that the best evidence has been produced
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No.
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
XVI. Are the papers authenticated as the regulations direct?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 the 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.
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 authenticated 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 end 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.

17. 174 INVALID.
File No. 17. 174
Joseph Waterbury his Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 395
[Arrangement of 1870.]

I Peter Smith of Stamford Fairfield County Connecticut Seventy eight years of age having been first duly sworn Testify that in the year 1775 in the month of May I was an enlisted Soldier in a Company of State troops commanded by Capt. Sylvanus Brown in a Regt. commanded by David Waterbury & went to New Haven with the Regt. & remained with them until the taking of St. Johns, which place was in the month of Nov., immediately after which this Regiment left the Regt. by division of his Officers with their baggage & arrived at Stamford on the 29 th of Nov. 1775 - I well remember Joseph Waterbury then of said Stamford, now of Wethersfield, Hartford County Connecticut was an enlisted Soldier in the same Company & served steadily there in until I left the Regt.
Peter Smith
State of Connecticut } Stamford Nov. 13. 1833 Fairfield County } J. H. Munroe a notary Public
! within & for said County do hereby certify that Peter Smith of said Stamford who subscribed the foregoing affidavit made oath to the truth of the same in due form of law & I further certify that the said Peter Smith is a cred- -ible person In testimony of all which I have hereunto subscribed my name & affixed my official Seal. J. H. Munroe Notary Public

State of Connecticut Fairfield County ss Greenwich Nov 14th 1833 - Personally appeared Stephen Bishop of said Greenwich aged seventy seven years who being first duly sworn on his oath, says - That in the year 1775 he was well acquainted with Joseph Waterbury of Stamford in said Fairfield County & that he knows the said Water- bury was an enlisted soldier in Capt. Sylvanus Brown Company & served therein from the spring of that year until the month of Nov. & was then discharged at Montreal & that said Waterbury re-enlisted into Capt. Albert Chapman's for six months & served out his time - The deponent was an enlisted soldier and served in rank of said company for the whole of the time aforesaid he well remembers the said Waterbury, when in Capt. Chapman's Company acted as a Waster to John Waterbury who was a Lieutenant in the same Company - Early in the the summer of 1776 or as he believes the said Waterbury again enlisted into a Com- -pany commanded by the same Capt. Brown for the term of a year & served therein steadily until the month of Nov. & was discharged at North Castle in West Chester County & State of New York The deponent was a sergeant in the company for the same time - The Reg. was commanded by Field S t M c Kean as deponent believes - The deponent has not seen the said Water- bury for many years but has allways understood he resided in Watertown Fairfield County Connecticut Stephen Bishop

State of Connecticut Greenwich Nov. 13. 1833
Fairfield County
I J H Minor a Notary Public within for said County do hereby certify that Stephen Bishop of said Greenwich who subscribed the foregoing affidavit made as to the truth of the same according to law, before me & I further certify that said Bishop is a credible person In testimony of all which I have hereunto subscribed my name & affixed my Official Seal the day & date above written
J H Minor Notary Public

Stanford Nov r 14 th 1833
Lieut. H. Parsons Esq r .
In Sir / your letter of the 11 th was received on Tuesday the 12 th - my engage- ments would not permit me to attend to the business until yesterday, & then not in time for the mail | — I have taken & enclosed the affida- vits of Stephen Bishop & Peter Smith which I enclose - I abet Smith is Stone Island & so hard of hearing that it is difficult to communicate with him, although his mental faculties are good for a man of his advanced age - I will take his affida- vit if you should think it admissible he lives five miles from me - you may say to Mr. Waterbury I will charge him as I have charged my own Pensions, viz, - If he proves unsuccessful he must pay me, (for going to Gravendike to take the Dep ty of Bishop & P. Smith for in Stoneford to take his Dep ty $5.-) but I should be prove unsuccessful one third of that sum will be sufficient. The mail is in country & H. Minor over

P.S. The mail has gone out, & that, before I had time to deposit my letter in the Office - I have therefore opened it  letter to add this note
Mr. Waterbury is mistaken in the given name of Col. Silliman - It was not " Cook " but Gould Silliman - Cook Silliman was a man of about the same age, but as I believe was never in the army - he was a respectable deacon in the Congregational Church when I first came into this country to reside - Mr. Bishop, in his affidavit, has given his name correctly, viz, Gould Silliman Silliman,
H Minor

WE, Caleb J. Tenney a clergyman, residing in the town of Wethersfield in the County of Hartford and State of Connecticut and John Williams , residing in the same town hereby certify, that we are well acquainted with Joseph Waterbury a resident of said Wethersfield who is an applicant for a pension under the Act of Congress passed June 7, 1832; that we believe him to be Seventy Six years of age; that he is generally reputed and believed, in the neighborhood where he now resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Caleb J. Tenney John Williams
STATE OF Connecticut } ss. Wethersfield August 2 1832 COUNTY OF Hartford }
On this 2 nd day of August 1832 before me the subscriber a Justice of the Peace for the County aforesaid, personally appeared Caleb J. Tenney who is a clergyman residing in the said town of Wethersfield and John Williams Esq who is a credible person residing in the same town—and made oath that the preceding certificate by them subscribed is true, and I further certify that their statement is entitled to credit.
James L. Belden Justice of Peace
State of Connecticut } ss Hartford County of Hartford
In testimony that James L. Belden Esq. above named, is a Justice of the peace for Hartford County & that the signature purporting to be his is genuine. I have hereunto affixed my signature and seal of office this 29 th day of November 1832 Samuel H. Parsons Notary Public

State of Connecticut.
Secretary's Office, June 28 th , 1833.
I, Thomas Day, Secretary of the State of Connecticut and keeper of the Seal thereof, do hereby certify, That Samuel H. Parsons Esq., before whom the foregoing affidavit of Joseph Waterbury was taken, is, and at the time of such caption
was, a Notary Public within and for the county of Hartford; and that James L. Belden Esq. before whom the foregoing supplemental affidavit of said Waterbury, and the foregoing affidavits of Rev. Caleb J. Peasey and John Williams Esq. were taken, is, and at the time of taking said affidavits was, a justice of the Peace within and for said county; each of said officers having been duly appointed, commissioned and sworn, with power and authority to administer oaths and to take affidavits out of court and to certify the same; and that I sincerely believe the foregoing signatures purporting to be theirs, respectively , are genuine.
In testimony whereof, I have hereunto set my hand, and affixed the Seal of said State, the day and year above written.
Thomas Day