Revolutionary War Pension and Bounty Land Warrant Application File S. 18647, Eliphas Weston, Mass.

SERVICE
NUMBER
Mass.
Weston, Eliphas
S. 18647
carded
CONTENTS

Weston
See letter to S.
of Br. the State of Mass who was a pr of art in the company commanded by Captain Sparrow of the Regt commanded by Col Tyler in the Massachusetts line for 2 years
Baptt June 25, 1833 Pon. Agent - May 30, 1837.
Eliphas Weston 4667 4
69
Inscribed on the Roll of Massachusetts at the rate of 100 Dollars — Cents per annum to commence on the 4th of March, 1831.
Certificate of Pension issued the 6 th day of March 1833 and sent to Hon J. L. Hodges H. R.
Arrears to 4th of March 1833 200.00 Semi-ant. allowance ending 4 Sept 50.00
$250 00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book D Vol. 2 Page 99

16,793
Eliphas Weston
Bristol Co.
2 Years private of Artillery Alma $100
Sparrow Tyler
J. L. Hodge WR

16,793  BRIEF in the case of  Eliphas Weston  of Bristol Cy in the State of Mass  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? about
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? →
3. How old is he? 67
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.     1779 1779 6 private Gen. Capt Sparre Col Tyler   180- 8 may to May 88 3 Artilleryman Capt Lincoln - forgets the names of field officers  
5. In what battles was he engaged? none mentioned
6. Where did he reside when he entered the service? Dartmouth
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 2 living Witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? Right
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm C. Eaton Examining Clerk.  120 July 1833

Eliphas Weston
18793
J. L. Hodges
HR

Commonwealth of Massachusetts, } Bristol, ss.
At a COURT of PROBATE holden at Dartmouth — in and for said County on the fifth day of October one thousand eight hundred and thirty-two, before the Honorable HODIAH BAYLIES , Judge of the Probate, &c. for said County, personally appeared Eliphas Weston a resident of Fairhaven in the County and Commonwealth aforesaid, aged sixty seven 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 he entered the Service of the United States under the following named officers and served as hereinafter stated; to wit: under Capt. Edward Sparrow in the regiment commanded by Col. Nathan Tyler , other officers of the regiment not recollected; Peter Hood was S t of the Company & John Weston ensign — again under Capt. Amos Lincoln S t  Whitman , Ensign William Gordon ; the field officers names forgotten;
and the particulars of his said services he will state in reply to the fifth subjoined interrogatory; 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 Dartmouth in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and sixty five. — April 12 th
2. Have you any record of your age; and if so, where is it? The record of his birth was on an old Bible which is lost.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live? I lived in Dartmouth when called into service, which Town was afterwards divided and I was in the part called New Bedford and New Bedford was afterwards divided and I was in the part of it called Fairhaven where I still 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? I voluntarily enlisted , both times in the Militia , or State Troops .
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. Under Capt. Sparrow I entered in the year seventeen hundred and seventy nine cannot tell what time in the year, and served six months, part of the time at Providence & part of the time at Bristol in the State of Rhode Island on garrison duty; and part of the time on the Island of Rhode Island , and there threw up intrenchments across the north part of the Island; there were with us on the Island Connecticut Troops , & bodies of Militia , but I do not know the regiments; I remember that the Black regiment was there. Under Capt. Lincoln I entered on the Eighth day of May in the year seventeen hundred and eighty, at Dartmouth , in a Company of Artillery , and served therein on the Coast until the latter part of November in the following year, when we were ordered to Boston ; I went and served there and in the vicinity guarding the Coast until the eighth day of May in the year seventeen hundred and eighty three when I was discharged, having enlisted for three years. During the time we were at & near Boston we had the guard of different magazines in the neighbourhood; and a part of the time we garrisoned Fort Hill ; I do not remember any other Troops there; for about three months we performed guard duty at Governor Hancock's quarters. For proof of my services, aforesaid I refer to the annexed affidavits. — Just above for the names of the Officers —
6720.

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 private soldier & have lost my discharge.
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.
To the Revd Pardon G. Seabury & Jabez Fuber Esq
And the said Eliphas Weston 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 (if any) only on that of the agency of the State of
Sworn to and subscribed, the day and year aforesaid.
Eliphas Weston H. Baylies , Judge of Probate.
WE Pardon G. Seabury a Clergyman - residing in Fairhaven and Jabez Fuber Esq - residing in the same Town hereby certify that we are well acquainted with Eliphas Weston who has subscribed and sworn to the above declaration; that we believe him to be about sixty seven 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.
Pardon G. Seabury Jabez Fuber 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 Pardon G. Seabury - who has signed the preceding certificate is a Clergyman - resident in the Town of Fairhaven in said County of Bristol, and that Jabez Fuber Esq who has also signed the same is a resident in said Town, and is a credible person, and that their the statement is entitled to credit.
H. Baylies , Judge of Probate. Register of Probate
COMMONWEALTH OF MASSACHUSETTS, BRISTOL, ss.
I Anselm 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 Eliphas Weston - of Fairhaven in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Anselm Bassett

I William Gordon of New Bedford, in the County of Bristol, and Commonwealth of Massachusetts, do testify and declare, "That in the month of April 1779, a detachment from the train of Artillery then doing duty on Castle Island, were put under my immediate command, with special orders, to proceed with the same to Dartmouth in the County of Bristol, to do duty in the Fort on the entrance of the harbour of said Town of Dartmouth, and places adjoining till further orders. In the course of the summer following, the garrison under my command was much augmented by detachments from the neighbouring militia, and from a number who had enlisted to do duty as soldiers, upon the sea-coast-establishment (then so called) - On the eighth day of May 1780, Eliphas Weston of said Dartmouth, enlisted himself as a private in the Company of Artillery commanded by Amos Lincoln Esq., & on the same day was directed to do duty in the garrison under my command, he continued doing duty in said garrison until Nov r 28 th 1781, when he was ordered to Boston, to join the company of Artillery there - - - I am confident he continued doing duty as a soldier in said company of Artillery, at Boston & its vicinity, until he had a final discharge in the year 1783 - the precise date of his discharge is unknown to me - His enlistment in said Company is now in my possession. William Gordon.
Bristol J s October 2 nd 1832 Then the above named William Gordon personally appeared and made solemn oath to the above deposition by him subscribed before me
and I further certify that I am personally acquainted with the said William Gordon and that his testimony is entitled to credit
Jabez Fisher Justice of the Peace

Commonwealth of Massachusetts.
Bristol ss —
I Anselm Bassett Register of the Court of Probate in and for the County of Bristol, hereby certify that Julia Tuber, whose signature is affixed to the within and following affidavit is a Justice of the Peace in and for said County of Bristol, and that full faith & credit are due to the official attestations of the said Tuber —
In testimony whereof I hereunto set my hand and the seal of said court this eighteenth day of October eighteen hundred & thirty two
Anselm Bassett

I Lemuel Winslow of Rochester in the County of Plymouth State of Massachusetts of the age of seventy five years testify and say that I was a Soldier in the war of the American Revolution in the year 1779 - six months in the State of Rhode Island in Capt Edward Sparrows Company Colonel Nathan Tylers Regiment I knew Eliphas Weston of Dartmouth now Fairhaven and he was in said Company and served six months which was the term of Enlistment according to the best of my Recollection and believe said Eliphas Weston has Resided in Dartmouth & Fairhaven ever since in the County of Bristol, and went dism't til the Last of December & was then seven months on account of not being discharged Present { Fairhaven August 6 th 1832 Lemuel Winslow Attest J. H. Amelin

Bristol Jy August 6 th 1832 Then the with in named Samuel Winslow personally appeared and solemnly swore to the with in deposition by him subscribed together with his answer to the interrogatories therein contained before me Jaher Fales Justice of the Peace and I further certify that I am personally acquainted with the said Samuel Winslow that he is a good and true man and that his testimony is entitled to credit
Jaher Fales Justice of the Peace
Samuel Winslow for Eliphalet
COMMONWEALTH OF MASSACHUSETTS

Eliphas Horton Weston - Mass. Act 7 Jan, 1832, claims pension from 4 Sept 1835 to 4 th of March 1836.
How stands the case?
It appears true
9/8

Boston, 25. th May 1837
Sir,
Be pleased to inform me if the amount of pension due on the enclosed power of Attorney can now be received, & if so, will the Dept. give a special direction to the Pension Agent authorizing payment of the same.
I am, Sir, very resp. Your ob t s er v t . S. M. Stone
J. D. Edwards Esq. Comm r of Pensions Washington D. C.

16,793
Eliphas Weston
J. L. Hodge RR

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

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 ?
Yes
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 ?
a
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?
Yes
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 ?
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.

P 18647 INVALID.
File No. 18647
Eliphas Weston
Pri Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 451
[Arrangement of 1870.]