Revolutionary War Pension and Bounty Land Warrant Application File S. 11,000, for Simon Low, New Hampshire

SERVICE
NUMBER
Continental (A.H.) Low, Simon
S 11000
Carded
CONTENTS

2246
Ltr. to Hubbard Newton 12 Nov 1839.
New Hampshire Simon Dow
of Greenfield in the State of N H who was a P ty of Art y in the company comman by Captain Colburn of the Reg t comman by Col. Brane in the N H line for 2 years
★ Continental Lines Records corrected, May 9/65.
Inscribed on the Roll of N H at the rate of 100 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of Oct 1832 and Rev. Silas Brown  Francesstown  N H
Arrears to 4th of Sept 1832 $ 150-- Semi-ann. allowance ending 1 st Mar 1833 50-- $200--
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Merrill Clerk. Book D. Vol. 157 Page 167.

Examination Simon Low Revolutionary Rolls New Hampshire
filed 6 March 1832
E M c Hapsler
• If a Widow applies state "the date of marriage, and date of death"

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
State of New Hampshire } County of Hillsborough }
Be it known that before me
Charles Richardson a Justice of the peace personally appeared Isaac Low aged 106 years, who being duly cautioned and then sworn in due form of law, states that he is the son of Simon Low who was a Revolutionary Soldier, or Pensioner of the State of New Hampshire and that he died on the 20th day of July 1842 and that his mother named Mary died on the 10th day of July 1843 and that they were married on the day of January in the year 1799 and that they were residents of Greenfield in the State of New Hampshire and that they resided there sixty five years, and that he resides in Greenfield and that furthermore He BY THESE PRESENTS, constitutes, appoints and fully empowers and authorises irrevocably and with powers of substitution—F. E. Hassler of Washington City, D. C., as his true and lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government Officers his rights in all and in any manner of claim for increase or arrears of Pension or Land, that may be due him as an Heir of Simon Low who died leaving the same undrawn, as in right of law, custom, or equity He is or may be entitled.
IN WITNESS WHEREOF He has on this Tenth day of February 1852, hereunto signed his name and affixed his seal.
Isaac Low [SEAL]
Witness: Charles Richardson Witness: E. A. Richardson
Signed, Sealed, acknowledged and Sworn to before me, on this Tenth day of February 1852.
Charles Richardson J. P. [SEAL]
At the same time personally appeared before me Charles Richardson a Justice of the peace two credible and disinterested witnesses named Jonathan Patch and William Whittmore residents of the aforesaid County and State, who having been by me cautioned and, then duly sworn according to law, do depose and say each for himself, that he has always heard it said and it is generally believed by the community that Simon Low was a Revolutionary soldier and that Isaac Low was by him always treated as and is by the witnesses believed to be the son of the said Revolutionary Soldier.
Jonathan Patch [SEAL]
William Whittmore [SEAL]
Sworn to before me the day and year first above written.
Charles Richardson J. P. [SEAL]
of } to wit:
State of New Hampshire } Secretary of State's Office }
I HEREBY CERTIFY, That Charles Richardson Esq., before whom the foregoing affidavits and acknowledgment were made, and who has, thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said State County Court, this twenty eighth day of February one thousand eight hundred and fifty two.
John G. Hadley. Clerk. Secretary of State.
* If a Widow applies state "the date of marriage, and date of death of her husband."

No. 141 Loca
Vernon Low
8552

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, SS.
On this
30 th
day of August A.D. 1832
personally appeared in open Court before the Court of Probate, now sitting at Frances town within and for the County of Hillsborough, in the State aforesaid,
Simon Low a resident of the town of Greenfield in said county aged 77 years
Who 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 7th, 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say,
In the month of June 1777 he enlisted for the term of three years and served as a Private soldier in Capt. Treadwell's company, (the other officers thereof were, Lieut. Jackson & Lieut. Andrews) in Col. Brans's Regiment of Artillery. He joined the Army at Germantown - was in the battle of Brandywine Germantown and Monmouth - wintered the first winter at Valley Forge, the second at West Point & Red Bank, and the third at West Point. In the spring of 1779 was stationed with Lieut. Andrews & eight others in a block house at Kingsbury - the block house was taken by a party of the enemy, three of the number killed and the rest carried prisoners to New York where he was detained three months - was then exchanged & returned to West Point & staid there till his time was out - was honorably discharged - received a written discharge which he has lost. He does not remember by whom it was signed.

STATE OF NEW HAMPSHIRE
County of Hillsborough
He relinquishes every claim, whatever, to a pension or annuity, whatever, except the present, and declares that his name is not on the pension roll, of the agency of any State, and subscribed the day and year aforesaid
Simon Sou
Sworn to
Colin M. Paitin Judge of Probate
in the county of Hillsborough aforesaid, and
a Clergyman residing in the town of
reading in
aforesaid, hereby certify that we are well acquainted with who has subscribed and sworn to the above, and that we believe him to be reputed and believed in the neighborhood where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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  who has signed the preceding Certificate is a Clergyman resident in the town of  and that  who has signed the same,  and is a credible person, and that their statement  is entitled to credit.
Colin M. Paitin
Judge of Probate for said County of Hillsborough.
I CHARLES H. ATHERTON, Register of the court, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Simon Holt for a pension.
In testimony whereof, I have hereunto set my hand and the seal of said court, this thirteenth day of August in the year of our Lord one thousand eight hundred and thirty-two.
C. H. Atherton
Register of Probate, for said county of Hillsborough.

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, to wit,
At the Court aforesaid, On the application aforesaid, the following interrogatories were propounded to the said and the following answers given, to wit :
1. Where, and in what year were you born ? Answer,
2. Have you any record of your age, and where is it ? Answer,
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live ? Answer,
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom ? Answer,
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 service ? Answer,
6. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it ? Answer,
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 ? Answer,
Certified by
Register.

AW 8552
Simon Low
YB Mort of Arbitrage in Roll of sum 2 years
Admutter
$100.
Fetus Brown
G H Admutter E
Francis M H

Att 8552
BRIEF in the case of  Simon Low of  Greenfield  in the State of  New Hampshire (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? open court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 77-
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and field Officers   Years. Months, Days. As a Gen.     In 1777 June 3. Private Cap Headwell. Col Crane.  
5. In what battles was he engaged? Brandywine - Germantown - Monmouth -
6. Where did he reside when he entered the service? does not state -
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? no evidence - except the opinion of the court -
8. Are the papers defective as to form or authentication? and if so, in what respect? correct
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Sam Potts, Examining Clerk.

212 WA
FREE
James L. Edwards Esq Com te Pensions Washington D.C.

Amherst N.H. 5 th Nov. 1839
Dear Sir,
Yours of the 18 th instant, is received. I am informed by this communication, that "The fact of Josiah Osgood's having been detached to work in the armory , will not justify a higher rate of pension than a private of infantry ."
With all confidence, in the decisions of the Pension Office, as well as the Department, I may, perhaps, as the agent and counsel of the pensioners, having the interest in this case, be permitted to enquire, if the above opinion is predicated on the fact, of Osgood's having been detached as an artificer, after having enlisted as a private of infantry ; or, on the ground that, that an artificer is entitled to no higher rate of pension , as such under an original enlistment, than a private of infantry .
In the opinion of the Hon. M. B. Lamy of October 27 th 1832, then Atty Genl. of the U.S. and now Chief Justice, it would seem, that the service , de facto , graduated the pension in all cases, - the capacity in which the service was rendered; and not the capacity , in which

the soldier enlisted. The Attorney Genl. says, "His pension is to be" according to his rank , "that is according to the rank in which his service was rendered ".
And further, I find from the New Hampshire Roll, published under the direction of the War Department, that artificers are allowed a higher rate of pension than privates; but whether, in these cases, the original enlistment, was in the capacity of an artificer or not , does not, of course, appear.
The case of Simon Law, who was of the Mass. Cont l line, (none of this county, Hillsborough,) shows that he was a private, & artificer, & his rate of pension is one hundred dollars.
So much, I have thought it my duty to suggest; & to express a hope, that the the Department will re-consider the case of Josiah Osgood's services; and if I am wrong, in my views of the case, I beg the Department to attribute these suggestions, neither to the zeal of one, earnest to discharge his duty to his employer, than to any want of entire confidence, in its final decisions; or any disposition to be troublesome to a public officer, who though constantly

Surplused by the complicated duties of a bread-and-butter office, as well as by the untime- ly importunities, of all sorts of applicants, can yet be uniformly courteous, to all - Yours most respectfully &c.
Hubbard Newton
James L. Edwards Esq. Dear Friend
Is name 28

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

Perkins
11.000 INVALID.
File No. 11.000
Simon Low
Brn Rev. War.
Act: June 7 th 1832
Index:—Vol. A , Page 227
[Arrangement of 1870.]