Revolutionary War Pension and Bounty Land Warrant Application File S. 29519, John Upton, Mass.

SERVICE
NUMBER _____
Stearns.
Upton, John
S. 29519
CONTENTS

86 Eph
11.836 Massachusetts John Winton of Essex Co. in the State of Mass who was a Serjt in the Company, commanded by Captain Whall of the Regt commanded by Col Mansfield in the Brig line for 8 months
Inscribed on the Roll of Massachusetts at the rate of 1000 Dollars 67 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of April 1833 and Sept  18th C. Lord Jr Salem Mass
Arrears to the 4th of March 1833 $213.34 Semi-ant. allowance ending 4 Sept " 23.33 $236.67
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. A. Woodson Clerk, Book 6 Vol. 2a Page 58

John Upton Massachusetts No 6390.
Lient 8 M rs
Ad
Nath l Lord jun E Salem Mass

BRIEF in the case of  John Upton  of Essex county  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes,  3. How old is he? 85 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. As a Gen.     April In 1775 " 8 " Lieutenant  Col John Mansfield of Lynde  Col Israel Hutchinson  Capt Morally Comp'y of Inf'ty  Massachusetts Line  Continental Establishment   
 5. In what battles was he engaged? ✓  6. Where did he reside when he entered the service? Syracuse Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? one Living witness & documentary  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.
C. Little Examining Clerk.
50 26. 6. 1832 106. 6. 1832

Lieut. Genl. Upton
Please address reply to P. M. Merrill Samson

State of Massachusetts. Essex County ss:-
On this eleventh day of August A.D. 1832 personally appeared before the Honorable David Cummings a Judge of the Court of Common Pleas, John Winton, resident at Symsfield in the County and State aforesaid, aged 85, who by reason of old age and infirmities is unable to appear in open Court, who first being 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 officers and served as herein stated, viz:
That, soon after the Battle of Lexington in April 1775, he was appointed lieutenant in a Company of Infantry commanded by Capt. Newhall in the Regiment commanded by Col John Mansfield part of the time and afterward by Col. Israel Hutchinson in the Massachusetts line of the Continental Army, and served therein Eight months from April 1775

Jany 1776 when the Regiment was dis- banded at Cambridge: He served two months be- fore the date of his Commission.
He hereby relinquishes every claim whatever to a Pension or an annuity, except the present and declares that his name is not on the Pension roll of the agency of any State.
John Upton
Sworn to and subscribed the day and year aforesaid before me
David Cummins Judge of said Court
And I David Cummins Judge as aforesaid do hereby declare my opinion after the investigation of the matter and after putting the Interrogatories prescri- bed by the War Department that the abovenamed ap- plicant was a Revolutionary Officer and served as he states. I further certify that said John Upton by reason of decrepitude & infirmities is unable to appear in open Court.
David Cummins Judge as aforesaid

I, John Wrim Esq r of Salem Massachusetts, aged 66 years, on oath testify:
That I am well acquainted with John Upton now of Lynnfield and have known him sixty years: in 1775 I lived in the same house with him and know that in April or May 1775 he was appointed a Lieutenant in Capt. Marshall's Company in a Regiment at first under Col. Mansfield next under Col Hutchinson - The said Upton served till the end of the year at Cambridge - I visited the Camp several times to see said Upton.
He is a man of good character.
John Wrim
State of Massachusetts
Essex County 15: - August 6. 1832
The said Wrim, a credible and disinterested witness subscribed and made oath to the above before
Rev. Merrill Inst. Pease

I John Prince In Clerk of the court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Kent. John Winton for a Plea: that said Merrill is a Justice of the Pleas and his signature on the affidavit annexed is genuine. In testimony whereof I have hereunto set my hand and seal of Office this eleventh day of Au- gust A. D. 1832. John Prince Clerk
And said David Cummings is a Justice of the Court of Common Pleas for said County & his signature hereon is genuine.
Attest John Prince Clerk

29 519 Rev INVALID.
File No. 29,519
John Winton Lieut Rev War
Act: June 7 th 89 th
Index:—Vol. 9 , Page 428
[Arrangement of 1870.]

IN CONGRESS.
The DELEGATES of the UNITED COLONIES of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the Counties of New-Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, to John Winton Esq.
WE reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, DO by these Presents, constitute and appoint you to be Lieutenant of Captain Newhall's Company in the 1 st Regiment.
in the Army of the United Colonies, raised for the Defence of American Liberty , and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the Duty of Lieutenant by doing and performing all Manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as Lieutenant . And you are to observe and follow such Orders and Directions from Time to Time, as you shall receive from this or a future Congress of the United Colonies, or Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the Army of the United Colonies, or any other your superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress.
July 1. 1775
Attest. Chatham
By Order of the Congress,
John Hancock PRESIDENT.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Upton. 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 ?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ? one living witness & documentary
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 ?
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.