Revolutionary War Pension and Bounty Land Warrant Application File R. 11,354, James Westgate, Mass.

SERVICE
NUMBER
Mass
Westgate, James
R. 11,354.
CONTENTS

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 subjjoined 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. These 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 James Mootgate Chenango 60 N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlist 1776 volun 6 Private Capt Briggs Col Bottom Rochester Scituate R.I. Natick Ferry Saybrook Sherry Rhode Island Boston Cape Cod Heads Rochester Plymouth Mass. 75 Voluntary   Enlist 1777 7 Capt Perry Col. Lavin  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

14560.
James Westgate
James Westgate

Chenango County } Town of Plymouth } ss
Personally appeared before me the undersigned a Justice of the Peace of the town of Plymouth in and for the County of Chenango, Samuel Westgate of the town of Smyrna and county aforesaid, 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 three of the periods mentioned below and in the following grade viz., For six months commencing the first of April 1776 under Captain Briggs, Regiment commanded by Col. Cotton, served six months as a private.
That in the middle of July 1777, he entered the service of the United States under the command of Captain Bonny, Col Savin, and served seven months as a private, and that he was called back into service by Competent Authority, and was not engaged in any civil pursuit, That he served in all thirteen months as a private, and for such service he claims a pension. Sworn to and subscribed James Westgate before me at Plymouth this } his 4th day of June 1833. } mark Ebenezer Root Justice
I hereby certify that I am acquainted with the above deponent, and that his statements are entitled to credit. Plymouth June 4th 1833 Ebenezer Root Justice of the Peace

State of New York Chautauqua County
I, Francis Noble the Clerk of said court, certify that the Justice before whom the within affidavit purports to have been sworn, was at the date of the same a Justice of the peace in and for said county and that I am acquainted with his hand writing, and very believe his name subscribed to the said affidavit to be his genuine hand writing and signature
Witness my hand and seal of office, this 5th day of June 1833.
P. C. Noble Dep Clerk

State of New York Chenango County ss this ninth day of October in the year of our Lord, one thousand Eight hundred and thirty two
Personally appeared in open Court before John Tracy Levi Pigeon Nathan Taylor Charles York Westgate Read Osborn's Indictment of the Court of Common Pleas in and for said County of Chenango. Being a Grand of record in and for said County, now sitting Amos Westgate, of the Town of Hingham County of Chenango and State of New York aged seventy five (75) years who being first duly sworn according to law, took on his oath made the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as herein stated, viz.
That about the first of August in the year (1776) he enlisted in the Town of Rochester in the County of Plymouth and State of Mass for the term of six months, by Capt. Briggs (of Middletown) the day after he enlisted the Company in which he served left Rochester, and marched to Newtown in R.I. in the said department

by permission of the Capt of the said Company, remained behind with said John of Rochester for the purpose of arranging his affairs, about a week after the departure of the said Company he furnished himself with gun Cartridges Box Bayonet and Knapsack, and went in pursuit of said Company, and joined it at Swanton in the State aforesaid, the Regiment to which he belonged was commanded by Col Cotton, after joining the Company and Regiment aforesaid, he Marched to Howlands ferry where he was stationed as guard, About the first of October he was ordered together with about five hundred Men to Nelson, Several boats, (to wit, one hundred) to Foglands ferry about three miles below Howlands, he left the ferry last aforesaid, about 9 o'clock at night, While propelling said boats they were attacked by the enemy, one man killed and three or four wounded, the boats were landed at the said Foglands ferry, and after receiving them he marched back to the said Howlands ferry, Some time in the month of October, (the day he cannot recollect,) but thinks near the latter, a Sun (his name he cannot remember) beat back for

Volunteered to cross to the Island of Rhode Island and reconnoitre the enemys Camp, he then volunteered with about eighty men, and crossed to the Island, the same night, that about 1 o'clock they fell in with the enemys sentinels who fired an alarm and retreated to the enemys Camp. soon after the alarm a skirmish ensued which lasted about ten minutes or until they fired eighteen rounds, during the action his gun bursted by which he was severely wounded, thereby the Americans being out matched in numbers and the enemy increasing, retreated from the Island to their quarters at Howlands ferry, thereby he was the only one shot on the part of the Ame- ricans that was wounded or hurt, the same night he was taken to the Hospital and placed under the care of the Surgeon, in ten or twelve days he returned to his duty, and continued to serve in said company & regiment until the expiration of the term for which he enlisted, he was discharged from service and returned to his residence in Roxbu- ry. aforesaid -
That about the middle of July (the precise day he cannot recollect) in the year (1777) he enlisted in the said town of Roxbu- ry for the term of some months, by Capt

By Capt. Bonny to march to Boston, Soon after he enlisted he was taken sick, which prevented him from joining the Company at their place of rendezvous, the said Company met in Rochester under the command of the said Capt. Bonny and marched to Boston, and joined the Regt commanded by Col. Larn That about a week after the departure of said Company he recovered his health & traveled to Boston and joined the Company & Regt last aforesaid. (He says that he cannot recollect the names of the other commanding officers) he was stationed there as guard until the expiration of the term, that while he was not on guard he was employed in raising Cannon from a British vessel which had sunk off opposite Cape Cod Shoals and in repairing the castle, he served his term out and was discharged from service and returned home to his residence in Rochester aforesaid
That he has no documentary evidence of this his service in the Revolutionary War and knows of no person whose testimony he can produce to testify to his service

In answer to the interrogatories required by the war department, to be put to applicants for pensions he answers as follows
(1.) That he was born in the Town of Tiverton (the name of the County he has forgotten or cannot tell as he left the place of his birth while very young) and State of Rhode Island the 18 th day of August in the year (1757)
(2 d ) He has no record of his age,
3 d When he entered the service he lived in the town of Rochester County of Plymouth and State of Mass. After the war he moved to the town of Hoosick County of Rensselaer State of New York  last aforesaid , where he lived about 37 years he then moved to the town of Shubra in the County of Chenango State of N.Y. which there about two years, moved from thence to Smyrna in the County last aforesaid, where he now is resides
4. The answer to this question is contained in the body of his declaration

5.
He never had a written discharge was always discharged verbally by his officer
6.
General Sullivan at Howland's ferry, that he saw a French General at Boston but thinks he never heard his name, the names of Continental regiments he cannot tell at all, nor officers thereunto belonging, such Militia regiments and general circumstances that he can recollect are contained in the body of his declaration
7.
He gives the names of Samuel Furgerson, John Parker, Samuel Stearns, Joseph Davis, Nathaniel Hall, John Lyon, Simon Gordon and Charles Olin, residents in his neighborhood who can testify to his character for truth & veracity. He also states that he has there is no Clergyman in his vicinity with whom he has been acquainted,
He hereby relinquishes every claim whatever to annuity or a pension, except the present, and that his name is not on the pension roll of the agency of any state -

Sworn to and Subscribed the day & year aforesaid
his Thomas Westgate Mark
K. Pike Clerk
We Lemuel Ferguson and Semick Morley residing in the Town of Smyrna in the County of New Castle, do hereby certify that we are well acquainted with Thomas Westgate, and believe him to be about five years of age, and that it is reported and believed in the neighborhood where he resides that he has been a Soldier of the Revolution and that we concur in that opinion, and that we have not heard any doubts expressed by any person as to his having been such a Soldier and that there is no Clergyman in his neighborhood. Sworn to and Subscribed the day and year aforesaid before me Lemuel Ferguson Semick Morley K. Pike Clerk

And the said Court do hereby declare their opinion, after the investigation of the matter, and putting the interrogatories required by the War Department that the above named applicant was a Revolutionary Soldier, and that he served as in State, and the Court further certify that it appears to them that General Ferguson Derrick Morley who have signed the accompanying an affidavit of the of Smyrna and their statement is entitled to Credit,

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 Replevant was a Revolutionary Soldier, and served as he states, and the Court further certifies, that it appears to them that Samuel Ferguson and Demick Morley who have signed the preceding Certificate are residents of the town of Smyrna and are credible persons and their statement is entitled to Credit.
Herz read Charles York } Judges of Nathan Taylor } Chancery Court Pleas

State of New York
Chautauqua County ss, I James H. Dike Clerk
of the Court of Common Pleas in, and for the said County of Chautauqua do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Westgate for a pension
In testimony whereof I hereunto set my hand and seal of office this ninth day of October in the year one thousand eight hundred and thirty two
J. B. Tuttle
Deputy Clerk
of Chautauqua County

James Westgate N. York
Oct 1832 - Susp d .
A. J. Markland Pine

State of New York County of Chemung
Be it Known, that on this twentyseven th day of October A. D. 185 2 before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Susan Glynn and Cloa Cutting resident of Smyrna in said County, and made oath according to law that they are the legal heirs of James Westgate who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 7 th June 1832 . that they are directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney, and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney, to prosecute the claim of James Westgate for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises. Susan Glynn Cloe Cutting
Sworn to, subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Cloe Cutting and Susan Glynn to be directly interested in said claim as set forth, and to be the identical party therein alleged.
A. A. Ray Justice of the Peace
State of New York County of Chemung
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Supreme Court of the State of New York that Susan Glynn & Cloe Cutting the party who have sworn to, and acknowledged the foregoing Declaration and Power of Attorney to the legal heirs of the reputed soldier aforesaid . I further certify, that Asher M. Ray Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this twentyninth day of October 185 2 L. S. Read Clerk of the Sup. Court of Chemung County
1. Claimant's name and residence address. 2. "That he or she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 3. "That he or she is the legal heir of the identical man," or, "they are," &c., &c. 4. Leave this blank if not applicable. 5. Revolutionary soldier's full name. 6. Revolutionary soldier's full name. 7. Claimant's signature. 8. Claimant's name. 9. Magistrate's signature. 10. "Identical," "widow," or "heir," as the case may be. 11. Magistrate's name. 12. Clerk's signature.

Commonwealth of Massachusetts.
Secretary's Office, April 14 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of James "Westgate," as a private, is borne on a Bounty Roll of Capt. Sam l Briggs' Company, in Col. The o Cotton's Regt. where he is allowed from Sept. 29 th 1777 one Month and two days. — — — — —
m d 1 = 2
James Westgate claims for services under Capt. Briggs, in Col. Cotton's Regt. in 1776 and under Capt. Bonney, in Col. Sevier's Regt. in 1777; — but the rolls which he describes are not found in this Office.
ex d S.
Edward D. Bangs Secy

Acts of July 14, 1862, and March 3, 1873.
REJECTED
11,354
P. O.
James Westgate
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

14569 New York
James Westgate
Revolutionary Suspended
See letter to Sylvester Hazen
May 21. 1834
Let. to Hon. N. Halsey 11 June 34
Let. N. H. Monkland May 9/54
11354
Act 7 June 32

Commonwealth of Massachusetts.
Secretary's Office, Boston, April 15 th 1854.
I Hereby Certify. That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that The name of James Westgate is borne on bounty roll of Capt. Samuel Briggs (comp. Col. Thomas Cotton's Regt. in the private expedition at Tiverton R. Island. Sept. 29. 1777. 32 days.
There does not appear to be any other evidence.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright
Secretary of the Commonwealth.

Smyrna Chenango Co. New York April 5 th 1854
Secretary of War.
I am one of the heirs of James Westgate a deceased Revolutionary soldier. and want the record evidence of his service - or payment to and if found to send me a Certificate of the same.
he was said to have been in Capt Brigg's company Col Colton's Regt. in 1776. that in 1777 he entered Capt Mowry's Colch. Col Sabin's Regt. - he resided at Rochester Mass where he entered the service -
If you find any such evidence will send me a copy of the same. Don't send you what for you will inform me is right
Yours Truly
Susan Glynns.
Ms. A. 9. 2. 20