Revolutionary War Pension and Bounty Land Warrant Application File S. 11804, John Wellington, Mass.

SERVICE
NUMBER
Mass
Wellington, John or Willington
S. 11804
CONTENTS
carded

39216-  Massachusetts John Wellington deceased in the State of Mass who was a Private in the company commanded by Captain  of the  commanded by Col Tilden in the Spars line for 9 Mos.
Inscribed on the Roll of Spars at the rate of 30 Dollars  Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 th day of Jan'y 1833 and sent Ser ge  A. Fufis Dudley  Spars Arrears to 14th of Sep r 1832 $45- Semi-ann t . allowance ending 21 Mar 33- 15- $60-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. S. Blair Clerk, Book D. Vol. 2 nd Page 99.

11, 485
Mr Willington
Private 9 Mr
Mr. E
$30
Geo: A. Tufts Esq.
Dudley Mass
J. H. West Concord Mass

BRIEF in the case of  John Willington of Dudley  County of Worcester in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a court  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.     Apl 17 80 6* private Gen. Cap't Carrs Col Miller   July 81 3 " Cap't Davis - Col Dury   X a Roll six months  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Shoreton  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Right
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H.C. Easton Examining Clerk.
* Refer in support of this term to his application made in 1830, which application contains the depositions of two witnesses now dead

I Ebenezer Stone do hereby certify that John Wittington, was a soldier in the army of the United States, in the year of our Lord, seven hundred and eig- -hty one - that he engaged and was in the service for the term of three months, in the regiment commanded by Luke Drury Lieut. Col n of the town of Grafton and the company command- -ed by Rowlin Davis of the town of Charlton, as Capt. Samuel Jones of the town of Millford and Peter Land of the town of Charlton, being lieutenants thereof. - and that said Wittington in the month of July in the year aforesaid, was march- -ed through the towns of Litchfield and Springfield and Litchfield in the State of Connecticut to Westpoint in the State of New York, and there served as a soldier until his term of service expired according to engagement. and I was present with him in that service dur- -ing during the whole of that term.
Ebenezer Stone.
Worcester ss. August 23 1832 Personally appears Ebenezer Stone and made solemn oath that the above certificate by him subscribed is true
Before me John Shing Justice of Peace Worcester ss. August 23 1832 I certify that the above named Ebenezer Stone is reputed a man of truth and entitled to credit.
John Shing
Justice of the Peace

I Phinehas Jones, do hereby certify that John Willington, was a soldier in the Army of the United States in the year of our Lord one thou- -sand seven hundred and eighty one, - that he engaged and was in the service, for the term of three months, in the regiment, commanded by Luke Drury as Lieut. Col n , of the town of Grafton, - and the compa- -ny, commanded by Reuben Davis of the town of Charlton, as Capt. - Samuel Jones of the town of Milford and Peter Lamb of the town of Charlton being Lieut -enants of said company - and that said Willington, in the month of July in the year aforesaid, was marched through the towns of Springfield and Litch- -field in the State of Connecticut, to West- -point in the State of New York, and there served a soldier until discharged by law.
Phinehas Jones
Worcester ss. August 23 d 1832 Personally appeared Phinehas Jones and made solemn oath that the above certificate by him subscribed is true.
Before me John King justice of the Peace
Worcester ss August 23 d 1832. I hereby certify that I am acquainted with the above named Phinehas Jones and know him to be a man of reputed truth and entitled to credit.
John King, Justice of the Peace

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this Sixth day of September in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before the Hon. Nathaniel D. Denny Judge of Probate now sitting John Williams a resident of Dudley in the County of Worcester and Commonwealth of Massachusetts, aged Sixty Seven 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That he enlisted as volunteer and private from Charlton sometime in the month of April as near as he can recollect 1780 in the Continental Service was mustered in Springfield and from thence marched to West Point West Point, was in Capt Samuel Carr's Company and Col. Miller's Regiment - was stationed at Westpoint most of the time but was marched into the Jerseys during his service He states that he applied for a pension under the act of Congress 1818. Sometimes about September in the year 1830, which application was sent on to the War Department and accompanying the same was the deposition of John Hary, who is now dead, and Amos Goodell also now dead that in that application he stated and supposed he had served nine months, but he was informed that his said term of service was only six months as appeared by the Muster Rolls - He therefore now states that he served only six months in said Continental Service in 1780, and refers to his said former application now on the files for all the particulars of his said service
He further states that he again enlisted at Charlton as a volunteer in the Continental Service as he supposes in the month of July 1781 was marched through Springfield Mass and Litchfield Connecticut to West Point where he was stationed all the time, was in Capt Reuben Davis Company and in the Regiment commanded by Lieut. Col. Ebenezer Denny and served therein three months
He states that he was born in Charlton in the County of Worcester in the month of December 1755 and he supposes that a record of his age is in Worcester - That he lived in Charlton at the time of his aforesaid enlistments and has since in Dudley and in Thompson in the State of Connecticut since the Revolution - That he was a volunteer as he has stated above - He does not recollect any other officers than the above except Colonel Streeter - He thinks he had a written discharge but has lost the same - Never left Edge and the Rev. Abiel Williams both of Dudley can testify of his character for veracity and their belief of his said service
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before Nathaniel D. Denny Judge of Probate for the County of Worcester
JOHN WILLIAMS
Williams

We Abel Williams a Clergyman residing in the Town of Dudley and Aaron Tufts residing in Dudley hereby certify that we are well acquainted with John Wellington who has subscribed and sworn to the above declaration, that we believe him to be sixty years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before Nathaniel Dames Judge of Probate for the County of Worcester
Abel Williams Aaron Tufts
11895
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Abel Williams who signed the preceding certificate, is a clergyman, resident in the Town of Dudley and that Aaron Tufts who has also signed the same is a resident in the Town of Dudley and is a credible person, and that their statement is entitled to credit.
Nathaniel Dames Judge of Probate for the County of Worcester
I Theophilus Wheeler Reg d Clerk of the Court of Probate for the County of Worcester do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Wellington for a pension. That John King before whom the annexed affidavits were made, is a Justice of the Peace in & for said County in full credit, and that he signed the same with his own hand. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court this seventh day of September in the year of our Lord eighteen hundred and thirty two.
Theophilus Wheeler Reg d of said Probate Court.

John Wellington.
Worcester County - Massachusetts.

Original claim.
Declaration, in order to be placed on the pension list, under the act of the 18 th March, 1818.
County of Worcester ss. On this tenth day of December, 1830, personally appeared in open Court, before the Justices of the Court of Common Pleas of the Commonwealth of Massachusetts for said County of Worcester, John Wellington, resident in Thompson, in the County of Windham, and State of Connecticut, aged sixty six years, who, being first duly sworn according to Law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress of the 18 th March, 1818, and the 1 st May, 1820: that he, the said Wellington enlisted for the term of nine months, on or about the first day of April, 1780, in the State of Massachusetts, in the Company commanded by Captain Samuel Carr, in the Regiment commanded by Colonel Wesson, and Colonel Mellen, in the line of the State of Massachusetts, on the continental establishment; that he continued to serve in the said corps until about the last of January, 1781, when he was discharged from the said service, in West Point, in the State of New York - that he hereby relinquishes every claim whatever to a pension, except the present - that his name is not on the roll of any State except Massachusetts; and that the following are the reasons for not making an earlier application for a pension: to wit - a want of evidence to prove his service, and an ignorance of the residence of any witnesses who could corroborate his statement relative to the same - and it was not till very recently that he was enabled to procure the testimony of John Abory and Amos Goodell, which accompanies this application - That the said Wellington was honorably discharged, and received a certificate of the same, but has since lost said certificate.
And, in pursuance of the act of the 1 st May, 1820, I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary

war," passed on the 18 th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income - my occupation has been that of a farmer, but old age, and the infirmities of life incident thereto, render me unable to support myself, without the aid of the government, except by private or public charity. I have no wife, nor other family residing with me, nor have I any connexions who are able to render me any assistance. And I have no property whatever, excepting my wearing apparel - and no home, but what I procure from time to time where I work and labor.
John Wellington.
I sworn to, and declared, on the tenth day of December, A. 1830, before the Justices of the Court of Common Pleas, for the said County of Worcester. Attest. Abijah Bigelow, cler.
I Abijah Bigelow, clerk of the court aforesaid, do hereby certify, that it appears, to the satisfaction of the court, that the said John Wellington did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify, that the foregoing oath is truly copied from the Records of the said court; and I do further certify, that it is the opinion of the said court, that the said John Wellington has no property whatever, excepting his wearing apparel.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said court, on this tenth day of December, A. 1830.
Abijah Bigelow, cler.

Rev. War
11,804 ✓ INVALID.
File No. _____
11,804
John Wellington Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 411
[Arrangement of 1870.]

11,485 Geo Willington
Geo. A. Tufts Esq. Dudley Mass J. C. West Concord N.H.

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 Willington 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? 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?
[Handwritten mark]
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?
[Handwritten mark]
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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 the 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.
† 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 authenticated 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 end 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.

John Wellington's Evidence.
1 2 3 4 5 6 7 8 9 10

I John May, of age in the County of Hampshire and Commonwealth of Massachusetts of lawful age do hereby certify, that in the Spring, of the year 1780 I enlisted into the Revolutionary service for the term of nine months. I belonged to the town of Charlton in said County and enlisted there Several others enlisted from said town at the same time and amongst others was John Wellington then belonging to the same town. We marched from Charlton early in June of the same year and were mustered at Springfield. From thence we went to West-point.  When we arrived at West-point we were put into Capt. Samuel Carr's Company in the Massachusetts line, in the fourth Regiment commanded by Col. William & Col. Wesson. Said Wellington and myself were the only soldiers from Charlton who were put into Capt. Carr's Company; From West-point I marched with said Wellington to New Jersey. Wellington was then detached upon a service so that I was separ- ated from him, and we came together again at Tolovney, in December. From thence we returned to Charlton to West-point. I was discharged on the eleventh of January 1780; but Wellington was not discharged till afterwards. He arrived home at Charlton about a week after I did. I am confident that said Wellington enlisted for the term of nine months and he served with me that term as I have

above stated. Since telling him was a mistake of mine till he was detained in New Jersey as I have above stated - since further this deponent saith not
John Morse
Witnesseth Dec. 3. 1879 Then personally appeared John Morse the subscriber of the above deposition since made solemn oath to the truth of the same before me
_____ Isaac Boston Jus. Peace
I certify, that the above Morse is a credible man & that his testimony is entitled to confidence
Isaac Boston Jus. Peace

I Amos Goodell of Thompson in the County of Windham & State of Connecticut of lawful age do testify & say. That as early as the year 1777 I entered into the service Service in the last Revolutionary War, and did duty therein that year for three or four months, and in 1778 for eight months, and in 1779 I enlisted for the term of some months, at Charlton in the County of Worcester and State of Massachusetts, and served for that period, After my return home sometime in the spring of 1780. I was again invited to enlist for another term of service. But I declined, Others however did enlist from Charlton in said spring of 1780. Among whom was John Willington then of said Charlton, I then lived in Charlton and was well knowing that said Willington engaged to go into the service aforesaid but I do not know how long he engaged to serve, I continued to reside in Charlton until Mr Willington returned home, which was not until February or March of 1781. I first saw Mr Willington on the first of March 1781, and did not know of his return till that time. I know that said Willington was absent from Charlton about nine months from the time of his enlistment, but as I have already said do not know for what time he engaged to serve or how long he did serve. I am now sixty eight years of age. further this deponent saith not.
Amos Goodell
1/1 all

Worcester ss December 9 th 1829 Then personally appeared the within named Amos Goodell the subscriber to the within deposition and made oath to the truth of the same.
Before me Geo. A. Tufts Esq. Justice.
Worcester, ss. December 10. 1830. I certify that the within named Amos Goodell is a person of veracity, and entitled to full credit as an evidence.
Geo. A. Tufts
Commonwealth of Massachusetts.
Worcester, ss. I. Abijah Bigelow, clerk of the Judicial Courts within and for said County of Worcester, do certify, That Ira Barton and George A. Tufts, Esquires, before named, are Justices of the Peace for said County, duly commissioned and qualified to act as such Justices - that full faith and credit are to be given to all their doings as such Justices - and that their signatures to the affidavits aforesaid, are in their own proper hand writing.
In testimony whereof, the Seal of the Court of Common Pleas for said County of Worcester, is hereto affixed, this tenth day of December, A. D. 1830.
Abijah Bigelow, Clerk.

John Wellington.

Hon. John Davis -
Dear Sir -
I now enclose to your care the case of John Wellington, an applicant for a pension - an original claim - and it would seem that the evidence furnished was sufficient to satisfy any reasonable mind of the truth of his statement - Mr. Tufts suggests whether it would not be well to ascertain, whether his name does not appear on the rolls, at Washington, previous to presenting his claim; as, if it be there , it would preclude all doubt on the subject - You can best judge of the expediency of this measure, better than we - and I leave the case with you, with the hope that it may succeed -
You will please to communicate with me on the subject, when convenient.
Yours, most respectfully -
William Garrison
Worcester, Mass.
Jany 6. 1831. -

21601
John Wellington
Mass.
Act 18 March 1818
Rejected 20 Jany 1871
The letter to Hon. Davis

Pension Office
May 13. 1831
Six months only see rolls
J. L. Edwards Esq.
Pension Office
21601

July 11- 1831
I send you the Enclosure.
J Davis