Revolutionary War Pension and Bounty Land Warrant Application File S. 21583, Nathaniel Witherell, Mass.

SERVICE
NUMBER _____
mass
Witherell, Nathaniel Wetherell
S. 21583
CONTENTS

Massachusetts 15252
Nathan Witherell
of Norton in the State of Mass ts who was a pri: in the company commanded by Captain King of the Reg t commanded by Col. Carey in the Mass ts line for 19 months
Inscribed on the Roll of Massachusetts at the rate of 63 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 4 th day of June '33 and sent Hon. J. L. Hodge.
Arrears to the 14th of March '33 - 126.66 Semi-ant. allowance ending 4 Sept " - 31.66 1/2
$158.32 1/2
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book E Vol. 2 Page 91
84 Burke

No 18741
Nathaniel Netherell Massachusetts
Alanus puerile for 19 mo $ 63.33
Hon. J. L. Hoopes
3333 30—

BRIEF in the case of  Nathaniel Wethedd  County of Boston  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83 years  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.     Enlisted In 1776 — 5 — Private Gen. Sullivan Capt King , Col Brewer   " " — " 5 — " Capt Cobb , Col Warey   " 1778 — " 4 — — Capt Heam   " — — " 5 — — Capt Ray   19  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? Taunton Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? documentary & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M. L. G.
Examining Clerk.

Nath. Mitchell
1874

COMMONWEALTH OF MASSACHUSETTS,
BRISTOL, ss.
At a COURT OF PROBATE holden at Norton in and for said County on the Sixth day of November one thousand eight hundred and thirty-two, before the Honorable HODIJAH BAYLIES , Judge of the Probate, &c. for said County, personally appeared Nathaniel Wetherell , a resident of Norton in the County and Commonwealth aforesaid, aged Eighty three years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
That in the Winter of 1776, I enlisted in said Norton as a soldier in the company of Capt. Josiah King . Abijah Lincoln was the Lieut. and marched to Dorchester heights near Boston , and served five months. In the spring of 1776, I again enlisted under Capt. Timothy Cobb , at Taunton and marched to New York and served five months. In 1778 I again enlisted at S. Taunton under Capt. Ebenezer Dean , and was in the Expedition on Rhode Island under General Sullivan & served four months. I again enlisted at Taunton in Capt. Petlish Bodge's company, Joseph Wilson Lieut. but I forget what year, and served five months. and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
Ans. That he was born in Norton in the County of Bristol and Commonwealth of Massachusetts in the year one thousand seven hundred and Twenty nine
Dec. 8. 1749.
2. Have you any record of your age; and if so, where is it?
I have no record, my name and birth are not on the Town Records, but my sister who is several years older than me, has often told me my age, and I have always understood that that was my true age.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
at the time I enlisted into the service I resided in the Town of Taunton , and for a number of years after, since which time I have resided in the Town of Norton , and now reside there.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
I was never drafted, was never a substitute, but voluntarily enlisted.

substitute, for whom? I was never drafted, was never a substitute, but voluntarily enlisted.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service.
In the Expedition in 1775 at Dorchester, Col. Brewer commanded the Regiment to which I belonged, and Col. Putnam was the Lieut. Col. — all the Officers of the Company to which I belonged have been dead many years, and all the Soldiers are also dead, or moved of at a distance, and out of my knowledge, and I have no evidence to support my claim but such circumstances as I recollect, I well remember that I worked upon the forts on Dorchester heights, and for want of other stuff to make our fascines, we cut down apple trees, and also filled hogsheads of sand which were placed without the entrenchments to roll down upon the enemy in case we were attacked. I served five months on this expedition, and after the Enemy evacuated Boston I was discharged.
In the Expedition to New York under Capt. Simeon Cott, Col. Crary commanded the Regiment to which we belonged, we marched from Taunton in July — 1776. to New Haven by land, and from thence by Water to New York, I was in the Battle of White Plains and many other Skirmishes, and served five months and was then discharged. I offer for further evidence the Deposition of

of Nathan Andree, who served in the same company as a soldier with me, during the whole time, of my service in this campaign -
In the Expedition under Capt. Ebenezer Dyer in 1778 we marched from Taunton to Howland's ferry, I was in General Sullivan's expe- -dition on Rhode Island, but I cannot procure any other evidence but an ancient Muster Roll of Capt. Ebenezer Dyer's company, which was found amongst his papers, on this muster roll my name will be found, and I offer it as evidence as far as it will go.
In the Expedition under Capt. Peletiah Eddy, Joseph Wilbone was the Lieut., I enlisted at Taunton but I forgot the year, we were ordered on to Fall River to guard that place and the adjacent shores, where I served five months and was then discharged.
I have no documentary evidence to prove a part of my services as above mentioned, and there is no living Witness within my knowledge by whom I can make the proof. There was presented at a former Court, an ancient Muster Roll of Capt. Peletiah Eddy's company, as evidence in other cases, in which my name was found, which muster roll I have not since been able to obtain, and presume it was sent on to Washington as evidence in other cases, I must therefore depend on my own statement, as it is supported by my Sponsors in this declaration.

my sponsors in this declaration.
Three large, vertical, wavy lines drawn in ink, likely representing signatures.
Under Capt n Josiah King at Worcester in 1778 — 5 months Under Capt n Simeon Cobb at New York in 1770 — 5 months Under Capt n Ebenezer Drown at Howland's Ferry Dec 1778 4 months Under Capt n Nehemiah Eddy at Wall River &c in 5 months Total Service — 19 months

6. Were you a Soldier or an Officer ? if 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 ? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it ? I was a common soldier, I never received any written discharge, as it was not customary when I was in the service to give the soldier a written discharge, but when they served their time out, they were permitted to return home. —
7. State the names of the 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. —
Rev. Pitt Clark. Cromwell Leonard and Ephraim Raymond all of Norton aforesaid
And the said Nathaniel Witherell doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or of any other Agency of the United States .
Sworn to and subscribed, the day and year aforesaid.
Nathaniel Witherell H. Baylies, Judge of Probate.
WE Rev. Pitt Clark. Colonel Ephraim residing in Norton  Cromwell Leonard and Ephraim Raymond residing in the same Norton hereby certify that we are well acquainted with Nathaniel Witherell who has subscribed and sworn to the above declaration ; that we believe him to be Eighty three 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 to and subscribed, the day and year aforesaid.
Pitt Clark Cromwell Leonard Ephraim Raymond H. Baylies, Judge of Probate.
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 abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Pitt Clark who has signed the preceding certificate is a Clergyman resident in the town of Norton in said County of Bristol, and that Cromwell Leonard & Ephraim  freemen who have also signed the same are resident in said town, and are credible persons, and that their their statement is entitled to credit.
H. Baylies, Judge of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL ss.
I Anselm Basset — 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 Nathaniel Witherell of Norton — in said County, for a Pension.
In testimony whereof I have hereunto set my hand and seal of the said Court the day and year first above written.
Anselm Basset

Nathaniel Witherell S. 21583
A roll of captain Ebenezer Dean's co. has been removed from this case to be forwarded to the War Department.
S.C.A.
Oct. 5, 1910
Sent to War Dept. Jan 16, 1913

Revolution 21 583
INVALID.
File No. 21 583
Nathaniel Withersall
Rev Rev War
Act: June 7 th 39 th
Index:—Vol. 2 , Page 451
[Arrangement of 1870.]

1893 - Feb. 18,
Recd. to Wm. P. Weatherd. West. K. iv. P. B.
F.S.
"

I Nathan Andrews of Norton in the County of Bristol and Commonwealth of Massachusetts do testify and say that I am in my seventieth second year of age, that I well remember Nathaniel Wetherell, of Norton aforesaid, that said Wetherell enlisted as a soldier under Capt. Simon Ladd in July 1775. Silvester Jones and Ephraim Crossman were the Lieutenants & Elijah Tabor Ensign. Col. Lacey commanded the Regiment to which we were attached, in General Fellows Brigade, I served in the same Company with said Wetherell. On the last day of July 1776 we marched from Taunton through New Haven to New York, and was stationed at Chelsea on the North River, we were in the Battle of White Plains in 1776 and many other skirmishes, we served five months and was discharged and returned home. I further testify that I am now acquainted with said Wetherell, that he now lives in said town of Norton. — Nathan X Andrews mark
Bristol ss. Norton July 10. 1832 Personally appeared before me Ephraim Raymond one of the Justices of the Peace for the County of Bristol, Nathan Andrews who made Oath to the truth of the facts contained in the above Deposition, which was then and there reduced to writing by me, and by him signed in my presence. In Witness whereof I have set my hand & Seal at S d Norton the day and year above mentioned
Eph m Raymond, Justice of the Peace
I further certify that I have been long acquainted with the above Nathan Andrews the Depositionant, that I consider him a man of truth and entitled to credit. —
Eph m Raymond Justice of the Peace

Commonwealth of Massachusetts.
Bristol ss. I James Sprout, clerk of the County of Common- Pleas for said County of Bristol, do hereby certify that Ephraim Raymond Esq. whose signature is affixed to the within certificate, is a Justice of the peace in and for said County of Bristol, and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, this twenty eighth day of August in the year of our Lord one thousand eight hundred and thirty two.
J. Sprout

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ethan S. Welch which require further proof or explanation.
I. Does the declaration show where the applicant resides? ys II. Did the declarant make the declaration in the county where he resides? ys 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? ys 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? ys VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ys VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ys VIII. Has the Court given their opinion? ys IX. Has the Clerk given his certificate? ys 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? ys

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? 2 Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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? Documentary and living witness
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? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which 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.