Revolutionary War Pension and Bounty Land Warrant Application File S. 22,057, Francis Wilbur, R.I.

SERVICE
NUMBER
R.J.
Wilbur, Francis
S. 22,057
CONTENTS

21570 Rhode Island
Francis Wilbur of Newport in the State of R.I. who was a Engrate in the Company commanded by Captain Simmons of the G.L. commanded by Col. Richmond in the R.I. Island line for 2 Years
Inscribed on the Roll of R.I. Island at the rate of 80 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 30th day of Sept 1833 and sent to C. E. Robbins Newport R.I.
Arrears to the 14th of Sept 1833 $200.00 Semi-ant. allowance ending 14th March 44 - 40.00 $240.00
{ Revolutionary Claim, } { dated June 7, 1832. }
Recorded by W. Woodson Clerk, Book 2 Vol. 2 Page 136

Declaration
State of Rhode Island &c. County of Newport, Town of Little Compton Sc.
On this eighth day of January A. D. 1833, personally appeared in open court before the Court of Probate of Little Compton, in the county and State aforesaid, at an adjourned session thereof Francis Willbur, a resident of said Little Compton, aged seventy seven years, who being first duly sworn, according to law, doth on his oath, make the following Declaration, in order to obtain the benefit of an act passed June 7 th 1832 :
1. That he first entered the service of the United States, by being draughted as a private in the militia company of Little Compton, commanded by Captain George Simmons, September 1775. Declarant was immediately marched with this company to the Island of Rhode Island, and was stationed at the Bannister House, near Newport, with a view of checking the incursions of Captain Wallace and others, who were continually marauding upon the Island, and driving off stock. Declarant did duty in this company for the period of two months; was then discharged at Bannisters and returned to Little Compton.
2. That in November 1778, about one month previous to the occupation of Rhode Island by the British, declarant was again draughted, and did duty, as a private, in Captain George Simmons company of Little Compton militia for the period of a month. This company was marched to the Island & stationed there; and declarant was on duty in said company, when the British arriving there with a strong force, compelled the whole American garrison to retreat. Declarant having returned to Little Compton, was discharged from the company - at the expiration of his month.
3. That immediately after said last mentioned discharge, he was again draughted & served as a private in the company of Little Compton militia, commanded by Captain Geo.

Simmons, for the purpose of protecting the shores of said harbor from the incursions of the enemy. Declarant was immediately called upon duty in this company, and continued to do duty as guardsman, for the whole period, that the British were in possession of Rhode Island, viz; two years and nine months: one half of said time in his own turn as a draughted militia man, and the other half, as a substitute for his father Aaron Wilber, and for Charles Brownell, both now deceased. Declarant avers it to be understood, that he served the whole of said period, with the exception of two months time, when he was draughted & served in a more active capacity - one month in the projected expedition which was intended to be conducted by Major General Spencer, and the other in Sullivan's expedition in 1778 as herein after stated.
4. The arrangement of guard duty, during the occupation of Rhode Island by the British, was to the following effect; viz; one half of the company was called upon duty for one month when they was then relieved by the other half, the succeeding month; and so alternately so long as the necessity for a guard continued, the whole company being in the mean time liable to duty, and ready to be called into service, at a moment's warning. Declarant is informed and believes, that the before mentioned draught was made under the authority and in compliance with an act of the General Assembly of this State passed December 1775, whereby all male persons, liable to bear arms in Rhode Island, were placed under the orders of the Governor or Commander for the time being, to be marched as soon as possible to such places and stations as said authorities should direct.
5. Declarant further avers, on oath as aforesaid, that he was draughted and served two other terms of one month each - one as a private in Capt. George Simmons' company of militia in Spencer's expedition; and the other as a private in the same company in the expedition under General Sullivan, in 1778: and that he was engaged and active at the time

of the last mentioned General's retreat.
6. Declarant further states, upon oath as aforesaid, that he was born in the town of Little Compton, in the then Colony of Rhode Island, August 4 th 1755: that a record of his birth is to be found in the Town clerk's office of said town, a certificate of which, with the attestation of the present town clerk, is hereto annexed: that he was living at the time of his first entering the service, by being draughted into the militia (September 1775) in said town of Little Compton: that he has lived there since the Revolutionary war; and that he now lives there: that he is unable to fix with more precision than he has heretofore done, the day, month and year when he entered the service, or when he left the same: that he never received any written discharge from either of the companies of militia in which he served as aforesaid: nor was it usual in the time of the Revolution to grant such discharges: that he has no documentary evidence of the services he has sworn to; nor did he ever possess any: that as to the manner of his being called into the service, and the names of the officers, under whom he served, they are both succinctly stated in the preceding part of this Declaration: and that he claims to have served, in the whole, three years, actual duty.
7. Declarant refers to Edward Gray, and Pardon Simmons, as persons to whom he is known in his present neighbourhood, who can testify to his character for veracity, and to their belief of his services as a soldier of the Revolution.
8. 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.
Sireney Wilber

Sworn to and subscribed in open Court, the day and year above written
Witness J. H. B. W. M. L. Probate Clerk
We, Edward Gray, residing in Little Comp- ton in the county of Newport, and State of Rhode Island, and Pardon Simmons, residing in the same Little Compton, hereby certify, that we are well acquainted with Francis Wilbur, who has subscribed and sworn to the above Declaration; that we believe him to be seventy seven years of age; and that he is respected and believed in the neighborhood, where he resides to have been a soldier of the Revolution; and to have served as he states; and that we believe him to be a person of veracity.
Sworn to and subscribed in open Court, the day and year before written.
Edward Gray Pardon Simmons
Witness J. H. B. W. M. L. Probate Clerk.
And the said Court do hereby declare their opinion after investigation of the matter, and after putting the interroga- tories 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 Edward Gray, who has signed the foregoing certificate, is a resident of Little Compton; and that Pardon Simmons, who has also signed the same, is a resident of said Compton, and that both are credible persons, and that their statement is entitled to credit.
The testimony of the nearest-kinymen having been requested, if one lives in the vicinity of the applicant, the Court thinks it proper to state, that the Rev. Emerson Paine, having been recently settled in this place, and the only one who could be con- veniently called upon, was not sufficiently acquainted with the applicant to be used as a witness.

J. Alexander R. Brownell, Clerk of the Court of Probate of the Town of Little Compton, in the county of Newport, and State of Rhode Island, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Francis Wilson for a pension.
In testimony whereof I have hereunto set my hand, and the Seal of said Court, this eighth day of January, A. D. 1833.
J. A. R. Brownell Probate Clerk.

Town Clerks Office Little Compton January 8 th 1833. I certify that Francis Wilbour Son of Aaron Wilbour & Mary his Wife, was born August 2 nd 1755. as appears of record. —
Witness A. Kirtland Town Clerk.

John Springer, of Little Compton, in the State of Rhode Island, of lawful age, upon solemn oath deposes and says, that he is well acquainted with Francis Wilbur, who has this day made his Declaration in open court, in order to obtain the benefit of an act of Congress passed June 7 th , 1832. and is knowing to the fact, that said Wilbur was a private in Captain George Simmons' company of militia, when stationed near at the Bannister House, near Newport, September 1775 - having served six weeks of that tour in company with said Wilbur. Wilbur remained at said station when this deponent left it. Deponent was also a fellow soldier with said Wilbur and served with him a month (November 1776) in Captain Geo. Simmons company of militia, and was present with him at Newport, when the British landed and took possession of that place. Deponent recollects (having been in the same detachment with him) that said Wilbur did guard duty in the manner stated in his declaration - a great length of time - probably the whole time that the British were in possession of Rhode Island. Deponent recollects, that he stood as guard at Seacounet point, in company with said Wilbur.
Deponent was also a soldier in the same company with Wilbur, at the time of Spencer's expedition - knows that he served therein one month. Deponent was also in Sullivans expedition, but not in the same company with said Wilbur - knows from personal observation, that the declarant was engaged in that expedition the time stated in his declaration.
John Springer mark
State of Rhode Island
County of Providence Town of Little
Newport - ss.

Court of Probate Town of Little Compton, January 8 th 1833.
Then personally appeared in open court, John Springer, subscriber to the foregoing deposition, and having first heard read the declaration of Francis Wilbur to this court made, in order to obtain the benefit of an act of Congress, passed June 7 th 1832) made solemn oath to the truth of each and every part of said deposition, by him, the said John subscribed. — And the Court further certifies that said John Springer is a person of good reputation and standing, and that his statements are entitled to full faith and credit.
In testimony whereof I have hereunto set my hand and the seal of said court.
J. B. BROWN Probate Clerk.

Gideon Tompkins, of Little Compton in the State of Rhode Island, of lawful age, upon solemn oath deposes and says that he is well acquainted with Francis Wilbur, who has this day made his Declaration in open court in order to obtain the benefit of an act of Congress passed June 7 th 1832. That he is knowing to the fact, that said Wilbur did guard duty, as stated in his Declaration, from the time the Island of Rhode Island was occupied by the British, December 1778, to their final evacuation of it, Sept. 1779. Deponent was on guard the greater part if not the whole of said period, in the same district of Little Compton, and is knowing to said Wilbur's services in the same capacity - from being connected with him in one company of militia from personal observation.
This deponent can also testify, that said Wilbur was a private in Capt. Cornelius Briggs company in Sullivan's expedition, and served through the whole expedition. To this the deponent can testify, having been one of said company.
Gideon Tompkins
Newport R.I.
State of Rhode Island &c.
Court of Probate, Town of Little Compton January 8 th , 1833.
Then personally appeared in open court Gideon Tompkins, subscriber to the foregoing deposition, and having first heard read the declaration of Francis Wilbur to this court made, in order to obtain the benefit of an act of Congress passed June 7 th 1832) made solemn oath to the truth of each and every part of said deposition by him, the said Gideon subscribed. And the Court further certifies, that the said Gideon Tompkins is a person of good reputation and standing and that his statements are entitled to full faith and credit.
In witness whereof

I have hereunto set my hand and the seal of said Court.
J. R. [unclear] Probate Clerk.

Job Briggs, of Little Compton in the State of Rhode Island, of lawful age, upon solemn oath deposes and says, that he is well acquainted with Francis Wilbur, who has this day made his declaration in open court, in order to obtain the benefit of an act of Congress passed June 7 th 1832. That he was a fellow soldier with said Wilbur, in September 1775, and was stationed with him at the Barrington House, at the time Capt. Geo. Simmons's company was marched there to repel Capt. Wallace - and served knows, that he served as long as the company was detailed on that duty. Probably, two months. This deponent is knowing also to the fact that said Wilbur was engaged in performing guard duty in Little Compton a great length of time, while the British were in possession of Rhode Island - probably during the whole period of its occupation by the enemy - but the precise length of time he is unable to state. That in Sullivan's expedition, August 1778, this deponent was a fellow soldier with said Wilbur, in Capt. Cornelius Briggs company of Little Compton militia, which made a part of that General's force, was on duty with this declarant, and knows that he served through the expedition, and was present at the retreat.
Newport R.I.
Job Briggs State of Rhode Island
Court of Probate, Town of Little Compton January 8 th 1833: Then personally appeared in open court, Job Briggs, subscriber to the foregoing deposition, and (having first heard read the declaration of Francis Wilbur to this court made, in order to obtain the benefit of an act of Congress passed June January 1832) made solemn oath to the truth of each and every part of said deposition, by him the said Job, subscribed. And the Court further testifies that said Job Briggs is a person of good reputation and standing, and that his statements are entitled to full faith and credit.

In witness whereof I have hereunto set my hand and the seal of said Court.
J. R. [Signature] Probate Clerk.
Francis [?]
22431

Supplementary Declaration.
State of Rhode Island &c County of Newport, Town of Little Compton &c
On this twelfth day of August, A. D. 1833, personally appeared in open court, before the Court of Probate of the Little Compton, in the county and State aforesaid, at a regular session thereof, FRANCIS WILLIAMS, a resident of said Little Compton, being the same FRANCIS, who made his declaration to this court on the eighth day of January A. D. 1833 (in order to obtain the benefit of an act of Congress passed June 7th. 1832) and having been duly sworn, doth on his oath make the following supplementary declaration and affidavit to be annexed to his original declaration and duly authenticated.
1 That owing to advanced age and defect of memory, the declarant is unable to specify the precise day of September 1775, when he was draughted and entered upon duty, as a private, in Captain George Simmons company of Little Compton militia, at the time of Wallacis incursions, on the exact day in November 1775 when he was discharged therefrom. He can only state upon oath, that the facts set forth in the first paragraphs are strictly of his original declaration are strictly true, that he was draughted, in September 1775, and served as stated in his declaration two months actual duty , at the Barrington House, near Newport; and was discharged from Captain Simmons company, in November 1775. Col. William Richmond was the Colonel commanding at the Barrington House in the town just mentioned, and Samuel Gray was Lieutenant and David Cook, ensign of said company, commanded by Capt. George Simmons.
2. That as to the time of service specified in the second paragraph of declarants original declaration, he here on oath further avers, that it was on the fifteenth day of November

ber, 1776, that declarant was draughted, and entered upon duty, as a private, in the company of Little Compton militia, commanded by Captain George Simmons, that he was marched from Little Compton to the neighbouring Island of Rhode Island, and thence to the town of Newport, on said Island; that the declarant continued on duty in said company the term of one month from said fifteenth of November - having been present at Newport, when the British landed and took possession of the town, on the seventh of December 1776; that his company immediately retreated to Little Compton, where declarant, on the fifteenth day of December 1776, was discharged. Colonel John Cook commanded the Tiverton and Little Compton companies engaged in this expedition. John Davis was Lieutenant, and Stephen Pearce ensign of Capt. George Simmons' company aforesaid.
3. That with respect to his guard duty in Little Compton, as set forth in the third paragraph of declarant's original declaration, he now on oath further avers, that he was draughted and entered upon duty, as a private, in the company of Little Compton militia commanded by Captain George Simmons, for the purpose of doing guard duty in Little Compton, on the sixteenth day of December 1776: that he continued on duty, within the town of Little Compton, (with the exception of his month's tour in Spencer's expedition and a month's tour in Sullivan's - the first, (October 1777) and the second (the latter part of August 1778 -) until the sixteenth day of September 1779 - making two years and seven months in a period of two years and nine months actual duty. Of this two years and nine months - he performed one year and four months actual duty, in his own town , (some one stayed 1778) having served for himself every other month of the last mentioned period of two years and nine months. Declarant also avers on oath, that he was accepted and served as a substitute for his father, Aaron Wilbur, now deceased, as a private, and also for Blake Browne, deceased, as a private, in the same company of Little Compton, commanded by Captain George Simmons - all the intervening months of said period between the 16 th of December 1776, and 16 th September 16 th 1779, save one month, viz. October 1777; making one year and three months actual

as substitute aforesaid - That owing to advanced age and imperfection of memory he is unable to distinguish the particular months when he served as substitute for the persons aforesaid - but he can swear positively that he was engaged on duty in the intervening months of said period between Decr. Decr. 16 th 1776 and September 1779, save the month of October 1777, as a substitute and performed guard duty in said months without intermission within the town of Little Compton. Thus his whole service as guard in Little Compton, in his own turn, and as a substitute for others, embraced a period of two years and seven months, actual duty . As to the Officers commanding the regiments from which the guard companies were detached, he recollects Col. William Richmond, Nathaniel Church and John Cook. But guard duty in Little Compton was performed by companies, and parts of companies, and not by regiments. John Davis was Lieutenant, and Stephen Pearce ensign of Capt. Geo. Simmons' company aforesaid in the period of guard duty above mentioned.
3. That as to the services set forth in the fifth paragraph of declarant's original declaration, he now on oath further avers, that on the sixteenth day of October 1777, he was draughted and served as a private in Captain George Simmons company of Little Compton militia & marched to the coast in Newton Rhode Island near Howlands ferry as a part of the expedition under Major General Spencer - that he continued on duty in said company one month viz; until the sixteenth day of November 1777 - when the expedition to Rhode Island being given up he was discharged. - John Davis was Lieutenant and Stephen Pearce Ensign of the company aforesaid.
4 That as to the further service set forth in the same paragraph of declarant's original declaration, he now on oath avers, that on or about the twenty fifth of August, 1778, he was draughted and entered upon duty as a private in Capt. George Simmons' company of Little Compton militia, and was immediately marched through Newton to the Island of Rhode Island, to that part of it near Quaker Hill, and was employed as set forth in declarant's declaration, in the expedition under

Alleged General Sullivan. That declaration was engaged therein until the retreat of the army; that he was discharged from said service on the twenty fifth day of September 1778, and immediately resumed his duty as guard in said town of Little Compton. Col. John Cook commanded the detachment of Little Compton militia engaged in the expedition when declarant was on duty. And further this declarant saith not.
Francis Wilbur
Sworn to and submitted in open Court, the day and year above written. A. N. Brownell Probate Clerk.
I, Alexander R. Brownell, clerk of the Court of Probate of the town of Little Compton, in the county of Newport and State of Rhode Island do hereby certify that the foregoing papers (attached together by one ribbon, which papers under the seal hereunto set) contain all the original proceedings of said Court (in the matter of the application of Francis Wilbur for a pension) held January eighth, A. D. 1833: also the certificate of the clerk of Little Compton to the birth of said Francis dated January 8 th 1833; the depositions of John Springer, Gideon Thompson and Job Briggs (in the same matter of the application of said Francis for a pension) all taken by said Court on the eighth day of January aforesaid; together with the supplementary declaration of said Francis to this Court made August twelfth A. D. 1833. and now, for the first time to said papers annexed. In witness whereof I have hereunto set my hand and the seal of said Court this twelfth day of August A. D. 1833.
A. N. Brownell Probate Clerk.

22431 Francis Wilbur
Served three years.
Private Dyer
Capt Simmons Col. Richmond
Amended, as required by the Commissioner - by setting forth as near as possible his diff- erent periods of service and the officers under whom he served in Declarants Supplementary declaration - q. v.
Papers attached & authenticated according to the requisition
C. E. Robbins, Esq. Newport R. I.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Francus Wilson which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? No. He must set forth each particular term of actual service, when & where performed & the length of each term VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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? Certified by two Citizens XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes 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? yes 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? 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? no 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 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.
‡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.

Resolution
22057 INVALID.
File No. 22,057
Francis Wilbur
Rev. Mass
Act: June 7 th 82
Tex:—Vol. 2 , Page 451
[Arrangement of 1870.]