Revolutionary War Pension and Bounty Land Warrant Application File S. 21570, Joseph Whiting, Mass

SERVICE
NUMBER
Mass
Whiting, Joseph
S. 21570
CONTENTS

Massachusetts 1522 Joseph Whiting
of Essex - in the State of Mass ts who was a Pri: in the company commanded by Captain M c Farland of the Regt t commanded by Col. Glover in the Mass ts line for 6 months
M c
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of June '33 and sent J. H. Duncan Haverhill Mass.
Arrears to the 4th of March '33 — 40 Semi-ann. allowance ending 4 th Sept r — 10 $50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W m Miller Clerk, Book 2 Vol. 2 Page 91
Paid at the Treasury under the Act of the 6. April 1838 from 4 March 1837 to the 1 st Sept r 1837. Agt notified 1. Oct 1838.
80 Eff

Declaration of Joseph Whiting
18726

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this Sixteenth day of October A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Joseph Whiting , a resident of Haverhill , in the County of Essex and State of Massachusetts, aged 78 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, under the following named officers, and served as herein stated:
In the latter part of December 1775 or first of January 1776 he enlisted at Haverhill Massachusetts in Captain Profer M c Farlands company of continental troops for one year, and was stationed at Winter Hill near Boston. Said company was in Nixon's Regiment and Gen Sullivan's Brigade. After serving three months till the next spring I hired a man by the name of Woodman to take my place by giving him a months pay and my uniform and I was discharged at Winter Hill. Woodman had a twin brother in the same company which was the reason he wished to join it. I then went to work at my trade of a mason on Castle William in the harbor of Boston.
32.01 William Greenleaf, afterwards a lieutenant, Joseph Johnson, James Pecker & Jeremiah Stickney all of said Haverhill were in said company at the same time with me -
Col Poors Regiment was stationed at Winter Hill at the same time.

3 mo Afterwards In the year 1778 as he believes, but does not certainly recollect, he enlisted at Marblehead Mass. in Captain Lindsay's Company of Militia as a private for three months, was marched to Providence and Tiverton Rhode Island, and served there and in that vicinity three months, and was discharged at Tiverton. I do not know any one living who served with me under Capt Lindsay. John Whiting, Jacob Rowe, W m Laount Peter Middleton, Moses Wilson, and William Smiley all of Haverhill, were in the same company but are all dead. I think our company was attached to Col Glover's Regiment, but most of the Regiment was marched elsewhere. There was a body of French Troops stationed at Tiverton at the same time. I was born at Gloucester Mass, Sept r 2 d 1754, and am recorded there, lived at Haverhill when I enlisted and now reside there but have lived in Newburyport and other places many years since the Revolution. I never had any written discharge. Col Charles White Jesse Hardy W m Greenleaf W m Smiley Moses Emerson can testify to my character and belief in my services.
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.
Joseph Whiting
Sworn to and subscribed the day and year aforesaid
D. A. Dike
JUDGE OF PROBATE.
We, Jesse Harding a citizen, residing in Haverhill aforesaid, and Charles White Esquire, a magistrate, residing in Haverhill aforesaid, do hereby certify that we are well acquainted with Joseph Whiting who has subscribed and sworn to the above declaration; that we believe him to be 78 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.
Jesse Harding Charles White
Subscribed and sworn to before
D. A. Dike Probate

I William Greenleaf of Haverhill in the County of Essex, Massachusetts, of the age of seventy seven years, do hereby affirm and say that in January 1776 I enlisted in Capt. M c Farland's company on the continental establishment for one year and was stationed till the next spring on Winter Hill near Boston. I further do hereby affirm and say that Joseph Whiting of Haverhill was a member of said company and in service at Winter Hill. I rec- ollect that there were two brothers of the name of Woodman in said company at some time during said year, and said Whiting now tells me the names of members of said company, and circumstances which occurred in the service at that time which leave no doubt on my mind that said Whiting was in the service in said company.
W m Greenleaf
Commonwealth of Massachusetts
County of Essex ss. On this sixteenth day of October AD 1832 personally appeared before me the subseri- ber a justice of the Peace and known for the County of Essex, and made oath in due form of law that the above affidavit by him subscribed was true. And I further testify that I am well acquainted with said Greenleaf and that he is a credible Witness.
James H. Duncan - Justice of Peace and Quorum

I William Smiley of Haverhill in the county of Essex, Massachusetts of the age of Fifty six years, do hereby say that I have often heard my father the late Deacon William Smiley of said Haverhill, now deceased speak of serving in the Army of the U. S. in the War of the Revolution and relate incidents when in conversation with other old soldiers, which took place while in service. I have often heard him converse with Joseph Whiting of Haverhill of what took place when they served together, at Trenton Rhode-Island, and from their conversation and the statements of others, I fully believe that my father served nearly three years and that said Whiting was in service with him during a part of that time. W m Smiley
Commonwealth of Massachusetts county of Essex ss. On this Sixteenth day of October AD 1832 personally appeared before me the subscriber a Justice of the Peace and Juror for said County William Smiley and made oath that the above affidavit by him subscribed was true. And I further certify that I am well acquainted with said William Smiley and that he is a credible Witness James H. Duncan Justice of the Peace & Juror

And the said Court hereby declares its 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 Joseph Harding who has signed the preceding Certificate, is a citizen  clergyman resident in Haverhill and that the said Charles White who has also signed the same is a Magistrate resident at Haverhill and is a credible person and that their statement is entitled to credit.
D. W. N. Judge of Probate
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application
of Joseph Whiting
for a pension.
Also that James H. Duncan Esq. whose name is subscribed to the Depositions hereto annexed, is a Justice of the Peace and Quorum for the County of Essex, and that his signatures thereto are genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this sixteenth day of October A. D. 1832.
Nathl. Lord Jr.

18726 Joseph Whitmy Map
Admit as a private In bmo $20.00
J. H. Duncan Havehill Map
INTEREST in the case of
in the State of
(Act 10th June, 1822)
 1. How old is he?  2. If before a Lodge, does it appear that the applicant is disabled by bodily infirmity?  3. Has the application made before a Court or a Lodge? 
4. State his services, as directed in the form annexed.
   Rank Years Duration Age Rate Class      

BRIEF in the case of  Joseph Whiting  vs  Mass in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1775 } enlisted on 1776 } 1778. " 3 Private Col M c Farland Col Nixon Col Hinasey Col Grover   3 "  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Haverhill Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Resolution
INVALID.
File No. 21,570
Joseph Whiting Pri Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 447
[Arrangement of 1870.]

18726
Joseph Whiting
State must be certified by the proper officer under his seal of office. must certify to the credibility of the witnesses and the official character and signature of the notary. General competency and who is sworn to attend the proceedings. The notary public who swears an attorney the oaths

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 Whiting 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? yy 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?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Treasury Department,
Second Comptroller's Office,
September 25 th 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joseph Whiting a Pensioner on the Roll of the Massachusetts Agency, at the rate of twenty Dollars and " — " Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March 1837 to the 4 th of September 1837.
Respectfully, yours,
Albin K. Parise
Comptroller.
To the Commissioner of Pensions, Present.