Revolutionary War Pension and Bounty Land Warrant Application File S. 17780, Noah Whitaker, Mass.

SERVICE
Mass.
Whitaker, Noah
NUMBER
S. 17780
cardid
CONTENTS

15338, Massachusetts
Noah Whitaker of Bristol in the State of Mass who was a Pirate in the company commanded by Captain _____ of the Sloop commanded by Capt Carpenter in the Mediterranean line for 11 Mo 15 Days
M c
Inscribed on the Roll of _____ at the rate of 38 Dollars 32 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 10 th day of June 1833 and sent Hon J. S. Hodges Present
Arrears to the 14th of Mar 1833 $76.64 Semi-ant. allowance ending 4 Sept. 19.16 $96.80
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. McMain Clerk, Book 80, Vol. 2, Page 91.
88 Bristol

Noah Whitaker
Mistil Co. Mass.
May 13
Map.
25223
A. Bapett, Esq Taunton Mass

Commonwealth of Massachusetts Bristol ss.
At Court of Probate held at Dighton in and for said County on the fifth day of April one Thousand eight Hundred and thirty three, before the Honorable Woodjah Bouglis, Judge of the Probate, &c. for said County personally appeared Amy Whitaker Widow of Noah Whitaker late a resident of Dighton, in said County deceased, who being first duly sworn, according to law, doth on her oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th A. D. 1832. She believes that said Noah Whitaker was born at Rehoboth in said County on the fourth day of October A. D. 1746 and died at Dighton on the first day of February A. D. 1833, and that there is a record of his birth in Rehoboth a copy of which is herewith annexed; that she believes he was in the State Service from the first day of June A. D. 1776 to the first day of September A. D. 1776, as a Private in the Massachusetts State Militia that he was residing at said Rehoboth when he entered the service: That she believes he was drafted and marched to a place called Shore neck in the State of New York, and served for the period aforesaid under the command of Captain Simeon Cole and Colonel Thomas Carpenter; that she does not know that he served with any of the regular Troops or that any regular officers were known to him or that at the end of his term he received any written discharge; and for the further proof of the aforesaid term of service she refers to the deposition of Ebenezer Fullens herewith annexed. Also: that she believes he was in the State Service from the twenty-sixth day of September A. D. 1776 to the twenty eighth day of December A. D. 1776 as a Private in the Massachusetts State Militia, that he was residing at Rehoboth when he entered the service; that he was drafted and served for the period
3 Mo.
3 Mo. 2d.

aforsaid, under the command of Capt James Hill and Col John Daggett; that he marched from Rehoboth to Weavland's Ferry, and Scituate in the State of Rhode Island that he served at the aforesaid places; that she does not know that he served with any of the regular Troops on that, at the end of his service he received any written discharge, and for further proof of said term of service she would refer to the deposition of Ezekiel Patten which is herewith annexed: Also: that she believes he was in the State Service from the thirty first day of December A. 1777. to the first day of April A. 1778 as a Private in the Massachusetts State Militia that he was residing at Rehoboth when he entered the service that he was drafted and served for the period aforesaid under the command of Capt Joseph Franklin and Col. John Daggett: that he marched from Rehoboth to Providence from thence to Warwick in the State of Rhode Island that he served at the aforesaid places in guarding the shores that she does not know that he served with any of the regular Troops; that he was in no battle or at the end of his service he received any written discharge.
Also that she believes he was in the State Service from the tenth day of August A. 1779 to the tenth day of September A. 1779 as a Private in the Massachusetts State Militia, that he was residing at said Rehoboth when he entered the service that he enlisted and served for the period aforesaid under the command of Capt Nathaniel Dole and Col Putnam, that he marched from said Rehoboth to Providence and there served for the term of one Month , that no regular troops were there, that he was in no battle and at the end of his service received no written discharge to her knowledge.
Also that she believes he was in the State Service from the first day of August A. 1780 to the fifteenth day of September A. 1780 as a private in the Massachusetts State Militia, that he was drafted and marched from Rehoboth to Weavland's Ferry, in the state of Rhode Island, and there served for the period aforesaid being the term of one & a half Months under the command of Capt Joseph Willmuth in Col Thomas Carpenter's Regiment, that he was in no battle and at the end of his

term of Service Received no written discharge, that she does not know that he served with any of the regular troops or that any regular troops were known to him and for further proof of the three last terms of service as herein stated she would refer to the depositions of Joel Brown and Ezekiel Pittier; That since the Revolutionary War, he resided in Rehoboth until within about seven years when he removed to Dighton where he resided until his death
She 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 to her knowledge. She further says, that said Isaac Whetaker removed from Rehoboth to Dighton, seven or more years since and she is not aware that there is any Minister of the Gospel in Rehoboth, who can with propriety testify, as required by the war department and for the same reason has not made any application to a minister of the Gospel at Dighton called Allen Hunt
Army Whetaker marks
Sworn to and subscribed the day & year first above written
H. Baylies, Judge of Probate
We Wheeler Martin of Seekonk Esquire, & Gideon Peck both of Rehoboth and Calvin Martin M. D. of Seekonk all of the County of Bristol hereby certify, that we were well acquainted with Isaac Isaac Whetaker late of Dighton in said County deceased. Also that said Gideon & Calvin are appointed with Mrs. Whetaker his widow who has sworn and subscribed to the above declaration; that we believe her to have been his lawful Wife and that he she was at the time of his decease which was on the first day of February last past eighty six years of age; that we all say he was reputed and believed in the neighborhood where he resided in said Rehoboth to have been a Soldier in the Army of the Revolution, and that we do concur in that opinion
Wheeler Martin Gideon Peck Calvin Martin
Sworn to & subscribed the day & year first above said
H. Baylies, Judge of Probate

and the said Court do hereby declare their opinion, after the investigation of the matter, and after finding that Noah Whitaker late of Dighton in said County of Bristol deceased, was a Revolutionary Soldier and served as is proved by the annexed affidavits. The Court further certifies, that it appears to them that Wheeler Martin, Gideon Neck and Calvin Martin, who have signed the preceding certificate are residents as therein stated, and are credible persons and that their statement is entitled to credit — H. V. Daryle, Judge of Probate
Commonwealth of Massachusetts. Bristol ss. I Amos Bassett, Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Anne Whitaker widow of Noah Whitaker late of Dighton in said County deceased for a pension on account of the services of the said Noah Whitaker in the Army of the Revolution —
In testimony whereof I have hereunto set my hand and the seal of said Court the day before first above written — Amos Bassett

Noah Whitaker son of Daniel Whitaker Jr. and his wife Hannah, Born October 4th. 1746. As of record in the Town Clerk Office in the Town of Rehoboth.
Attest Copy Attest James Blanding Town Clerk Rehoboth Jan'y. 24th 1833
22 July 1833

I, Ebenezer Fuller of Seekonk in the County of Bristol and Commonwealth of Massachusetts aged ninety two Years being duly sworn do testify and say, that Noah Whittaker now a resident in Dighton in said County in the year A. 1776 was drafted and served with me as a soldier three Months at a place called Horse neck in the State of New York, in the Company commanded by Capt Simeon Cole, in Col Thomas Carpenter's Regiment
Attest Minnie Hunt                      Ebenezer Fuller his mark
State of Massachusetts
Bristol County ss. Jan'y, 26. A. 1833
I hereby certify that the above named Ebenezer Fuller, is a man of truth and a credible Witness also that he made oath to the truth of the foregoing deposition by him subscribed
Before me Minnie Hunt Just of the Peace

I, Ezechiel Pittier of Nishoboth in the County of Bristol and Commonwealth of Massachusetts aged Seventy eight years being duly cautioned and sworn do testify and say that Noah Whitaker now a resident in Dighton in said County was drafted in the month of September A. 1776 as a soldier and served three Months in the company with me at Bristol and Howlands Ferry in the State of Rhode Island, said company was commanded by Capt. James Hill, Lieut. John Davis & Samuel Brown in the Regiment commanded by Col. John Dazgett, also that said Whitaker I think on the last of December in the year A 1777 was drafted and served three Months at Narragansett State of Rhode Island in the company commanded Capt. Joseph Franklin & Lieut. Nathaniel Ide in Col. John Dazgett's Regiment I at the same time served in Capt. Poley Pugh's company in the same Regiment.
Attest Minthorn
Ezechiel
his
X Pittier Mark
Bristol ss. Jan'y 26 th A. 1833
Then Personally appeared Ezechiel Pittier and made oath to the truth of the foregoing deposition by him subscribed. And I further certify that the above named Ezechiel Pittier is a credible Witness before me Minthorn Just. of the Peace

I, Joel Brown of Seekonk in the County of Bristol and State of Massachusetts, Age of Seventy, two years, being duly cautioned and sworn to testify and say, That, Joel Whitaker was a resident in Dighton in said County in the year A. 1779 in the Month of August enlisted as a Soldier and served one Month with me at Providence in the Company commanded by, Capt. Nathaniel Tille, and Regiment commanded by Col. Putnam also. in the year A. 1780 Said Whitaker was drafted as a Soldier and served one and a half Months at Kingston in the State of Rhode Island in the Company commanded Capt. Joseph Willmuth and  and  under  under Saml Brown, in Col. Thomas Gardner's Regiment
Joel Brown
State of Massachusetts Bristol County ss
January, 23 rd A. 1833
I hereby certify, that the above named Joel Brown is a man of truth and a credible Witness also, that he made oath to the truth of the foregoing deposition by him subscribed
Before me (then absent) Just of the Peace

Commonwealth of Massachusetts - Bristol ss. I Anselm Barrett, Register of the Court of Probate for said County of Bristol do hereby certify that Allin Hunt Esq. before whom the foregoing affidavits were sworn, is a Justice of the Peace for said County, and that the foregoing signatures, to the certificates aforesaid, purporting to be his, are genuine - In testimony whereof I have hereunto set my hand & the seal of said Court this twelfth day of April Eighteen hundred and thirty three - Anselm Barrett

No 25223. Noah Whitaker Bristol County Massachusetts.
Plat 11 Mr 15 May,
Hon. J. L. Hodges.
Plat
A. Bapett Esq. Taunton Mass.

WAR DEPARTMENT,
Pension Office,
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. 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 Isiah Whitaker Bristol County Massachusetts
   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.     Served June 1776 - 3 - private Capt S Gole, Colonel 87 years Traditionary evidence & three   Served Sept 1776 - 3 - " Thos Carpenter Rehoboth witnesses certified credible   Drafted Dec 1777 - 3 - " Capt Hill, Col Daggett Claspackunty certificate of Age - papers   Enlisted Aug 1779 - 1 - " Capt Franklin, Col. Daggett Correctly attached   Drafted Aug 1780 - 1 15 " Capt Pote, Col Putnam   Capt Willmouth, Col Carpenter  
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), who has 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 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.

P 17/4/80
INVALID.
File No. 17785
Noah Whitaker
Bi Rev War
Act: June 7 th 92
Index:—Vol. 1 , Page 455
[Arrangement of 1870.]