Revolutionary War Pension and Bounty Land Warrant Application File S. 23,978, Thomas Upham, N.H.

SERVICE
Upham, Thomas
NUMBER _____
S 23.978
CONTENTS

24. 381 New York Thomas Upham
of New York in the State of New York who was an Ensign in the Camp commanded by Captain Smith of the Regt. commanded by Col. Moore in the New York line for 8 Months Ensign
1 in 2 days. Payscale $80 3.50 $83.50
Inscribed on the Roll of New York at the rate of $83 Dollars 50 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28 day of Nov. 1833 and to E. Woodworth E. Woodworth P. Woodworth present.
Arrears to the 14th of Sep. '33 $208.75 Semi-annual allowance ending 1st N. '34 41.75 $250.50
Revolutionary Claim, Act June 7, 1832.
Recorded by G. C. Hiles Clerk, Book E, Vol. 1. Page 33
167.00 41.75 208.75

Thos R. Rham
22871

Declaration, in order to obtain
the act of Congress of June 7, 1832.
Form for State Troops, &c.
Printed & Sold by Kemble & Hooper, 8 State-st. Troy, N.Y.
State of New York, ss. County of Rensselaer
On this ninth day of August 1832 personally appeared in open Court, before the Mayors  the Court of the City of Troy now sitting, Thomas Upham a resident of Sand Lake county of Rensselaer and State of New York, aged Eighty three 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 April 1775 turned out as an Ensign in a company - went to Cambridge, passed through Lexington soon after the battle at that place and before the dras were behind. After arriving at Cambridge, the Officers met & chose Starks Colonel of the first Regiment of the New Hampshire Militia Isaac Mymann Lieutenant Colonel and McLara Major (who was afterwards killed at Bunker Hill). Served in the first Regiment as Ensign under Captain Coburn and Lieutenant Brewer remained in the service for nine months. From Cambridge went to White Plains in New York - was not in any engagement during this tour - from White Plains went home to New Hampshire in 1776 - went out on an alarm under Captain James Lewis twice and served at both times about one month. This time went from Marlborough New Hampshire through Keene, then up the Connecticut River in to the Coos Country a distance of about 120 miles to 130 miles. In the year 1777 turned out a volunteer served as Lieutenant under Captain Lewis in Colonel Moor's Regiment, went from Marlborough to Saratoga - arrived there in August. While on this tour went with a detachment of Moor's Regiment with his company from Fort Edward to Fort George, on a scout - had a skirmish with a party of Indians. Killed one and captured fifty two. This tour lasted five months. In 1778 was drafted in company with two others to furnish a man for one year - hired a man to serve for the above term - and paid for his part $33.33. In September 1778 was called out and marched from his residence to New Bedford Rhode Island and served as Lieutenant under Captain Lewis , at this time one month and a half - his arms from him he retained until after the war, since which they have been lost.
Ensign 9 mo 1. 5 Lieut 1 1/2
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares 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.
Thomas Upham
Archibald Bull Clerk
We, Justus Hull a Clergyman, residing in the Town of Napoleon in Sand County and Richard Knowlson residing in Sand Lake aforesaid hereby certify that we are acquainted with Thomas Upham 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 and subscribed the day and year aforesaid.
Justus Hull Richard Knowlson
Archibald Bull Clerk
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 Justus Hull who has signed the preceding certificate, is a Clergyman, resident in the Town of Napoleon aforesaid and that Richard Knowlson who has also signed the same, is a resident in the Town of Sand Lake aforesaid and is a credible person, and that their statement is entitled to credit.
I, Archibald Bull Clerk of the Troy Mayors Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Upham for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this ninth day of August 1832.
Archibald Bull Clerk

State of New York
County of Rensselaer ss
On the 3 rd day of December 1832, personally appeared me Daniel Gardner one of the Judges of the Troy Mayor's Court & Recorder of the City of Troy Thomas Upham the within named applicant for a Pension, and being duly sworn by me says in answer to the objections received from the War Department, and in addition to his Declaration within made, that at the period of his services within mentioned under Captain James Lewis in the year 1776, he served one month, at the time he was called out on alarm, that he has no documentary evidence of his services within mentioned and knows of no person who can testify to his service or any part thereof, that he was born in the Town of Leicester in the State of Massachusetts in the year 1748 the 26 th day of August, that he has a Record of his age in his family Bible that came to him from his father, that he has lived since the Revolutionary war in the town of Templeton State of Massachusetts, about 11 years & for the last thirty eight years has lived in the town where he now resides being in the town of Sand Lake, that he cannot state any more particulars of his service unrecalled any more of the Officers of the Revolution than what he has stated within, that he is well acquainted with Henry A. Bristol, Gibson Butts, Lemuel B. Fox, Richardson and many others who reside in his present neighbourhood that can testify to his character for truth and veracity and their belief of his services as a soldier of the Revolution, that he never had any written discharge from service.
Subscribed and sworn this third day of December 1832 before me
Daniel Gardner Recorder of Troy
Thomas Upham
State of New York
City of Troy ss
I Archibald Bull Clerk of the Troy Mayor's Court do hereby certify that Daniel Gardner Esqr before whom the above amended declaration purports to have been sworn was on the day of the date of the same Ruler of the City of Troy. And that I am well acquainted with his hand writing and verily believe his signature above subscribed to be genuine. Witness my hand and seal of Office this 3 rd day of December 1832.
Archibald Bull Clerk
Thomas Upham Application for Pension
107430.

State of New York
Wolfendale County ss. Thomas Upham the applicant named in the annexed proceedings being duly sworn, doth depose and say, that in the month June 1774 he received an Ensigns Commission from John Wentworth Governor of New Hampshire under King George in the Sixteenth Regiment of Militia commanded by Reuben Nuttall Colonel, the company being commanded by Perez Batchelder who in the same year was appointed Major. That under this organization of the militia & under this commission this deponent was received as Ensign in Captain Coburns Company and Lieutenant Breton, being attached to the same company. And this deponent further says that he served in the capacity of Ensign and Lieutenant for at least the term mentioned in the annexed application, and that he never during the whole of the war served or volunteered his services as a private to go to Ticonderoga or any other place in Captain Lewis Company, or any other company. And this deponent further says that he was acquainted with several persons belonging to the army belonging coming from New Hampshire & Massachusetts by the name of Upham, the Christian names of whom he does not recollect, except one whose name was Nathaniel Upham. — And this deponent further says that he has no documentary evidence of his services, and that he knows of no living witnesses by whom his services can be proved. That he is well acquainted with Gustus Hall the clergyman named in the annexed application, and Richard J. Knowlson, Gideon Butts, Stephen Gregory, & Isaac B. Foss of the town of Sand Lake, who can & will testify to deponents character for truth & veracity and their belief in his services as a Soldier of the Revolution. That this deponent was well acquainted with the several officers named in the annexed application, and also with many others who were present with this deponent at Saratoga, and the taking of Burgoyne. And this deponent further says that his recollection of the facts set forth in this affidavit & the annexed application are clear & distinct, and he is ready & willing to undergo any examination or test of the truth of the facts in relation to his services.
Sworn to this 31. day of January 1833 before me
Nathan Howard Junr
Commissioner of Decade & Trial
Thomas Upham

State of New York Rensselaer County
I hereby certify that Nathan Howard junr. before whom the within Declaration purports to have been subscribed & sworn was on the day of the date of said Declaration and is now One of the Commissioners of Deeds in and for the County of Rensselaer and duly authorized to take affidavits &c. I further certify that I am well acquainted with the hand writing of the said Commissioner and do verify his signature thereto subscribed to be genuine
In Testimony whereof I have hereunto set my hand and affixed the seal of the said County this 20 th day of February 1833
Henry R. Bristol Clerk

Richard J. Snowdon of the town of Sand Lake County of Rensselaer and State of New York Deposeth and saith that he has known Thomas Alpham during his residence in the said County that he has repeatedly hired his services related by him during the War of the Revolution as an Officer and that about six Years since he came to this deponent who made a statement in writing of his services which on comparing agrees with his statement made in writing to the War department and that from his knowledge of the character of Mr Alpham as an Honest Industrious & Temperate man he believes that full faith & confidence ought to be placed in his statement of his services dated, Sand Lake 5 th February 1833
Sworn to this 5 th day of February 1833 before me Richard Snowdon Silas Withrow Commissioner of Deeds County of Rensselaer

This is to certify that We Stephen Gregory Gideon Butts and Isaac B. Fox all of the town of Sand Lake County of Rensselaer and State of New York, have resided in the said County for the term of thirty years during which time they have personally known Thomas Upham, That he has had the reputation of having served as an Officer in the Revolutionary War. And at different times they have heard his Statement of his Serving in the cause of his Country as an Officer of the rank of Lieutenant, from our knowledge of his character We have no doubt but his Statements of his services in the capacity aforesaid is entitled to full credit — They would further certify that the said Thomas Upham has always borne the character and reputation of an Honest, Temperate and Industrious Man, whose word at all times is entitled to full credit —
Sworn to this 5 th day of February 1833 before me
Silas W. Merriam Commissioner of Deeds County of Rensselaer
Isaac B. Fox Stephen Gregory Gideon Butts
State of New York Rensselaer County ss. Henry R. Bristol Clerk of said County do hereby certify that Silas W. Merriam before whom the foregoing and annexed affidavit of Richard J. Knappson, Isaac B. Fox, Stephen Gregory and Gideon Butts, jurats to have been sworn was on the day of the date of the same one of the Commissioners of Deeds in and for the said County duly authorized to administer oaths &c. And further that I am well acquainted with his hand writing and verily believe his signatures subscribed to said affidavits are genuine
In Testimony Whereof I have hereunto set my hand and affixed the seal of said County this 18 th day of February 1833. Henry R. Bristol Clerk

Rapids County ss
Henry R. Bristol of the City of Troy in said county being duly sworn deposes and says that he has been for the last twenty years personally acquainted with Thomas Upham of the Town of Sand Lake - That said Upham has uniformly sustained the character of an honest sober & industrious citizen whose word was & is at all times entitled to full credit & belief. This Deponent further says that for many years past he heard the said Upham spoken of as an Officer of the Revolution.
And this Deponent further says that he is well acquainted with Stephen Gregory Gideon Butts Isaac B. Frost & Richard D. Knollson of said Town of Sand Lake & that they are men of the first respectability standing and character who would as this Deponent fully believes refuse to give the sanction of their names to any instrument or statement of which they had the least doubt.
And further this Deponent saith not.
Sworn & subscribed this 20 th day of February 1833
Vathan Howard Jur.
Commissioner of Deeds for Troy
Henry R. Bristol

22871
Thomas Upham Rensselaer County New York.
Admitted Ensign 8 months Private 1-2 days
E. Ward on the Org Present Henry H. Bristol Gray New York

WAR DEPARTMENT,
Pension Office,
183
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 Thomas Upham Rensselaer County, N. York
   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.     April 1775- 9 Ensign Capt. Colburn Col. Stark N.Y. 83   1776 1 27 Priv. Capt. Lewis — N. Hampshire Traditional   Dec 1777 5 + Quar. M. Capt. Lewis Col. Moor   Aug 1778 1 1 15 " " —   1 4 15  
8 mo Ensign 0-5 Supt 27 Priv
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
an Rolls of Lewis is 3 Compys. 27 days only. a c privates.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now 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?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To 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? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of 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. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 place 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Affidavits, sworn to before a Notary Public cannot be received in support of claims in this office R. Newman Secy

523978
Upham, Thomas NH 523916

JOHN WENTWORTH, Esq; Province of New-Hampshire. } Captain-General and GOVERNOR in Chief, in and over His MAJESTY's Province of New-Hampshire, in New-England, &c.
To Thomas Upham Gentleman. Greeting
By Virtue of the Power and Authority, in and by his MAJESTY's Royal Commission to ME granted, to be CAPTAIN-GENERAL, &c. over his Majesty's Province of New-Hampshire , aforesaid; I DO (by these Presents) reposing especial Trust and Confidence in your Loyalty, Courage and good Conduct, constitute and appoint You the said Thomas Upham to be Ensign of the Fourth Company in the Sixteenth Regiment of militia thereof Reuben Fiddler Esq: in Colonel
23978 You are therefore carefull y and diligently to discharge the Duty of a Ensign in leading, ordering and exercising the said Company in Arms both inferior Officers and Soldiers, and to keep them in good Order and Discipline; hereby commanding them to obey you as their Ensign and yourself to observe and follow such Orders and Instructions, as you shall from Time to Time receive from ME, or the COMMANDER in CHIEF for the Time being, or other your superior Officers for his MAJESTY's Service, according to Military Rules and Discipline, pursuant to the Trust reposed in you.
Given under my Hand and Seal at Arms at Portsmouth, the Second Day of June in the Fourth Year of the Reign of His Majesty King GEORGE the Third, Annoque Domini, 1774
By His EXCELLENCY's Command,
Theodore Atkinson Secy
Wentworth

Thomas Stephens Commission as Ensign dated 1774

Resolution
23978 INVALID.
File No. 23978
Thomas Upham
Ensign Rev War
Act: June 7 th 1775
Index:—Vol. 2 , Page 428
[Arrangement of 1870.]

As agent of Thomas Upham I hereby acknowledge all claims to pension for services in the Revolu- tionary War except Eight months as Ensign & thirty two days as a private Nov 28. 1833
Leb Washburn

Thomas Upham Amended Declaration for pension & affidavit of
Samuel Napitt John Foye Daniel Peck

State of New York Rensselaer County Z. S.
On the 13 th day of November 1833 personally appeared before the undersigned a Commissioner of the Peace in and for said County Thomas Upham of Sand Lake in said County aged Eighty five years who first being duly sworn doth on his oath say. That in the year 1774 and for some time previous thereto he resided in the Town of Portsmouth now Nelson in Cheshire County in New Hampshire. That he received a Commission of Ensign of the fourth Company of Militia in the Sixteenth Regiment commanded by Colonel Reuben Nield. Signed by John Wentworth Esq. Captain General and Governor in Chief in and over his Majesty's Province of New Hampshire in New England dated the 2 nd day of June in the 14 th year of the Reign of his Majesty King George the Third Annoque Domini 1774. That he served under the said Commission as Ensign agreeably to the terms thereof until April 1775 when the Alarm was sounded at the commencement of hostilities at the beginning of the Revolutionary War when such of the late subjects of New Hampshire and elsewhere, as were disposed to aid the cause of Freedom to the United States were called to defend Boston and its vicinity. This deponent and many others from New Hampshire & elsewhere repaired to Cambridge near Boston but the Captain of the Compa- ny to which he belonged was a Tory & eventually went over to the British Army & his Regiment for some time did not go and on the arrival of Troops from New Hampshire at Cambridge a Proclamation was issued calling on all the commissioned officers from New Hampshire to assemble for the purpose of organizing their corps for the defense of that place. That this deponent appeared with his Commission & was recognized as Ensign voted for the field officers of a Regiment then to be organ- ized when Captain Clark of Londonderry was chosen Colonel, Isaac Hymen of Keene Lieutenant Colonel and M c Clary of Londonderry Major of a New Hampshire Regiment and that he this deponent was put into a Company commanded by Captain Coburn of Marlborough Lieutenant Jonas Brown of Marlborough and this deponent as Ensign. That they served in command as such for the term of eight months which was a voluntary engagement. That

Declaration alluded to under the act of '32 advised him that it would be no evidence of service in the cause of the revolution as it was obtained from the authority of the King of England
The four months mentioned in his original declaration for which he furnished a substitute was passed in as his counsel advised not knowing that such time might be credited to him as service and in relation thereto he says that he was not required to furnish a private to serve in the Army as being held to private service himself but it was his property with that of two others which was required to obtain a soldier for a years term and they then paid one hundred dollars bounty for the hire of such soldier this disponent paying one third of the amount
In relation to his commissions he says that on obtaining his commission as Lieutenant his Ensigns commission he considered as of no use and laid it away with some old obsolete papers which claimed to be preserved was found on examination of papers preparatory to his first application but his commission of Lieutenant could not be found and whether it was surrendered or mislaid or destroyed cannot tell but he served as such Lieutenant of Militia in training and disciplining the company after the close of the Revolution till his removal from the State 39 years ago and under the same Captain James Lewis who was father-in-law of this disponent and after returning from St. Hampshe indicated that one David Dick residing in Sand Lake had resided at Clearborough in the time of his service as aforesaid this party obtained from him an affidavit also herunto annexed
Subscribed and sworn to this day & year of our Lord before me
Chas. Wadsworth
Thomas Updegraff
Commission of deeds etc

State of New Hampshire Cheshire County ss
Personally appeared before the undersigned a Notary Public in and for said County Samuel Bapst of Keene in said County aged seventy nine years. Who first being duly sworn according to Law, doth on his oath say that he was well acquainted with one Thomas Upham of the town of Packerfield now Nelson in said County and now as he is informed of Sand Lake in the State of New York who is now present. That he knew Thomas as early as the year 1774 and during & for some time after the Revolution. and That this deponent and said Thomas, on the alarm of the spring of 1775 voluntarily repared to Cambridge in Massachusetts and enlisted in the service of the United States for eight months and that this deponent was put into a company commanded by Captain Jeremiah Stiles. and that said Thomas who was an Ensign of Militia in Captain Batchelder's company in said Packerfield under Colonel Reuben Kidder. was organ- ized in a company commanded by Captain Coburn and as this deponent then understood and still believes as Ensign in said company and that he served as such Ensign during the said eight months engagement that he saw him frequently during said service though his duty was in another company, both in Colonel Clarke's Regiment. And That this deponent then understood and still believes that said Thomas afterwards went into the army at different times but not being with him after the time of said cannot describe his service.
Samuel Bapst
Cheshire ss. October 18. 1833 - Subscribed & sworn to, the day mentioned by said Samuel Bapst known to me as a credible person - in testimony whereof I have hereunto set my hand & affixed my Notarial Seal. J. M. Edwards, Notary Public.

State of New Hampshire Cheshire County ss:
On the 19th day of October 1833 personally appeared before the undersigned a Justice of the Peace in and for said County John Joyce of Roxbury Hannity  Wartborough aged Seventy nine years. Who first being duly sworn according to law, doth on his oath say That he was acquainted with one Thomas Upham of Pownalfield afterwards of Marlborough adjoining Pownalfield and now as he is informed of Sand Lake in the State of New York. That on the Alarm of the Spring of 1775 the deponent and said Thomas repaired to Cambridge near Boston in Massachusetts and there both enlisted into the service of the United States for Eight months that this deponent was put into Captain Drury's Company in Colonel Nason's Regiment and that said Thomas, who was an Ensign of William's Regiment and that he served as such Ensign during the whole of said term of Eight months that although he was in another Regiment frequently saw him then will know him before during & for some time after the Revolution. That in the Spring of 1776 said Thomas removed to Marlborough aforesaid and became a Lieutenant in Captain Lewis' Company and in the course of the summer of said year with Captain Lewis in five alarms in the first of which they went to go to Second River but Thomas returned in a few days & shortly afterwards went again as this deponent under stood and believes went to Royalton in Vermont & was gone nearly a month And that according to the best of this deponent's recollection in June 1777 he went into the Service under Captain Stone marched to Fort Anne Fort George Fort Edward Fort Miller Stillwater Brattleboro' was at the Battle of Bennington the Captain of Burgoyne's in the course of the above time went home said one night returned again to the Service and served five months and that about the same time Captain Lewis & his company with said Lieutenant Upham joined into the Service and served in the same places frequently in the same places and that after going home and returning as aforesaid this deponent was for a while in said Company under Captain Lewis and Lieutenant Upham and was discharged in November following and in the Summer of 1778 Captain Lewis Lieutenant Upham & several others went to the South in the Service & as this deponent understood went to Rhode Island but does not recollect how long though thinks they were
Depositions
Commission of Deeds. 9c

From one to five months absent and that in the said company under Captain Lewis he understood and believed the said John as Lieutenant and that he was commissioned as such and that he continued in command as such in the Militia under said Captain Lewis till he remov- ed from this county which was some years after the close of the Revolutionary War, and that said John is now Pursuant to the above written before me and I hereby certify that it appears to me facting that the said John John is a credible person
John B. Dyer
Abner Boyden Justice of the Peace
Cheshire, October 19, 1833
I Salma Hale, Clerk of the Judicial Court in said county certify that Abner Boyden is a Justice of the Peace in and for said County, and I believe that the foregoing official signature of his name is in his own hand writing. In testimony whereof I hereunto affix the Seal of our Superior Court of Judicature
S. Hale Clerk

State of New York Rensselaer County ss:
Personally appeared before the undersigned a Commissioner of deeds in and for said County Daniel Peck aged Eighty two years residing in Sand Lake in said County who first being duly sworn according to law doth on his oath say that he resided in Didsbury in Massachusetts at the commencement of the Revolutionary War in 1775 that he was a Soldier eight months in 1775 & at the expiration of said 8 months enlisted for a year and in March 1777 he removed to Newborough in Cheshire County in New Hampshire within the Company commanded by Captain James Lewis and Lieutenant Thomas Upham and performed Military duty under them for two years or more though did not go into actual service in the Revolution as was under them but resided within a mile of said Upham and know that he was in Commission and Lieutenant as he understood & believes and distinctly remembers that he & Captain Lewis with many others of their company went into the service in the summer of 1777 and according to the best of his recollection in the month of June and was gone till some time in the fall & as he thinks to in November & well remembers that there was snow on the ground when he returned & he then understood and still believes that he served five months and that in the summer of 1778 said Captain Lewis & Lieutenant Upham & others went to Rhode Island as this deponent understood on an engagement for two months but does not positively recollect how long they were absent but thinks they returned before the six months had expired and that this deponent removed from there in 1779 and he understood then & still believes that in all said engagements said Upham served as Lieutenant Subscribed & sworn to
this 13 th day of November 1833 before me and it appears to me satisfactory that said Daniel Peck is a credible person
Daniel his X Peck mark
O. Madsen Commissioner of Deeds. etc.

As agent of Thomas Upham I hereby relinquish all Claims to pension for services in the Revo- lutionary War except Eight months as Ensign & thirty two days as a private Nov 28. 1833
Seb Wardworth

Communication in Relation to Claim of Thos. Upham act 1832
2 letters of S. L. Edwards Upham Amendments to declaration & affidavits of John Toyn Samuel Bapst Daniel Pule
last Com d not certified by C Clerk

War Department Pension Office Dec 17 1832.
Sir,
The returned cases accompanying your letter of the inst, have been examined.
Thomas Upham alleges, that in Sept '78, he marched to NewPort. R.I. and served as Lieut t under Lieut t Lewis. His name is not found in the rolls of that company, at that time, and on that occasion, but a person of the same name is found in Lewis's company when they marched to Ticonderoga, for 5 days service as a private. He also alleges, a continuous service of 9 months, in '75 & '76 in a militia company. It is not known at this Department, that the militia served such tours of duty. It will therefore be incumbent on him to establish his service, (around which the circumstances alluded to, have thrown a distrust) by a very satisfactory proof.
Ira Mayford should make an affidavit of the duration & grade of each term of service; and Dexter Green is required, to furnish some evidence of the long service, in 4 terms, for which he claims; Joseph Enos should make an affidavit before some person duly authorised to administer oaths in

such cases, setting forth in detail, each tour of service he rendered in the capacity of Ensign.
The certificates of Adin Swann, Peter Brown, Enoch Haskin, Robert Burrows, Wm Sliter, and Wm Betts, are herewith forwarded.
I am Respectfully
(Vr. Obt. Servt.)
J L Edwards
A Bull Esq Troy N.Y.

J L Edwards Letter in the matter of Thomas Upham
J L Edwards Commissioner of Pensions
Henry R. Bristol Esq Troy N.Y.

War Department Pension Office May 25 th 1833
Sir,
The claim of Thomas Upham has been examined, and disallowed. He alleges three terms of service in Lewis's Company, Col Moor's Regt. in the capacity of Lieut. It is established by the records of this office, that he was a private in that company, and served but 27 days. This necessarily throws such a discredit over his declaration, that it could not be received in relation to his alleged service as as Ensign, in another Regt. His papers are placed on file.
I am Respectfully Yr. Obt. Servt. J. L. Edwards
Henry R. Bristol Esq. Troy N.Y.