Revolutionary War Pension and Bounty Land Warrant Application File S. 18113, for John Mc Ilvain, Massachusetts

SERVICE Continental Mass.
NUMBER
McIlvain, John
S. 18113
CONTENTS
carded

10316.
New Hampshire
John M c Elvain
of Francesstown in the State of N H who was a Private in the company commanded by Captain  of the reg t commanded by Col d Baldwin in the  line for 2 years . Mass.
Inscribed on the Roll of N H at the rate of 80 Dollars   Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 2 nd day of Apr 1833 and sent Sister Brown Francesstown N H
Arrears to the 14th of Mar 1833 $100- Semi-ant. allowance ending    $200-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. F. M c Elvain Clerk, Book  Vol. 1 st Page 102
The old papers are neither within or to be found in the files
for 18 Mar '18 
N. H. Agency 

John W. Swaine
8540

STATE OF NEW-HAMPSHIRE.
County of Hillsborough, SS.
On this 30th 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, John W. Hoaine a resident of the town of Frances Town in said county aged 81 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,
He was a private soldier in Capt. Higgin's company of Col. Baldwin's regiment from January 1 1776 to Jan 1 1777 - on account of which service as he supposes, he was placed on the Pension Roll under the act of May 18 1818 but was struck therefrom under the act of 1820. He resided at Frances Town when his first application for a pension was made & still resides at the same place.
At the close of the year's service he enlisted for six weeks & served the term out in the same company & regiment
In August he thinks it was 1777 he enlisted for three months, and served said term in Capt. Smith's company of Middlesex Militia in Col. Gill's regiment. He joined the Northern Army under Gates after the first battle at Stillwater - was in the second Battle at that place. After the surrender of Burgoyne he was marched down onto the lines toward New York & was there till his term was out.
In August 1778 he enlisted for six weeks - served the term in Capt. Everett's company of Mass. Militia & Col. M'Intosh's regiment and joined the American Army in Rhode Island - was in the battle there under Sullivan
In 1779, he thinks in August, he enlisted for nine months and served the term out in Capt. Goggswell's company in Col. Weston's regiment - was stationed at West Point, but was out a part of the term upon the lines - was discharged at West Point, he thinks in the month of May
In the summer of 1780 he enlisted for three months and served the term in Capt. Lawrence's company of Militia in Col. Webb's regiment, was stationed at West Point - and out a part of the term upon the lines

In April 1775 he enlisted for eight months, and he served the time out Capt. Corey's company in the New Hampshire Continental Line. His company and a company of artillery, commanded by Capt. Bedloe, were stationed at Sewall's Point when Major (afterwards Col.) Walton commanded. The latter part of the time he was stationed at Cambridge. The name of the district of his company was Cummings. The term of service was out the last of December.
He was born at Woburn, Massachusetts, Aug. 22. 1757. Has no record of his age. When called into the service he resided in Brookline, Massachusetts, & since the revolutionary War in Auburn & Farmington N.H. in the latter of which places he now lives. He received nothing in discharge when he left the army in Feb. 1777, at the end of his service. He served also at the close of his service in the militia in 1781. His father's name was upon the one or both of the first two & the last was given him by Col. Webb. Hon. Peter Woodbury & Hon. William Pillsbury are friends to whom he is known in his present neighborhood. He has left all his children, and their belief of his services, as a soldier of the revolution. He has lost all his own records. 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.
Sworn to John M. Stevens
Colman Parker, Judge of Probate
We Moses Bradford a Clergyman residing in the town of Franklin in the county of Hillsborough aforesaid, and John Johnson residing in Franklin aforesaid, hereby certify that we are well acquainted with John M. Stevens who has subscribed and sworn to the above, and that we believe him to be 81 years of age, that he is 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, Moses Bradford
Colman Parker, Judge of Probate  John Johnson
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 Moses Bradford who has signed the preceding Certificates is a Clergyman resident in the town of Franklin and that John Johnson who has signed the same, is a resident in the town of Franklin and is a credible person, and that their statement is entitled to credit.
Colman Parker - { 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 John M. Stevens 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, SS.
At the Court aforesaid, On the application aforesaid, the following interrogatories were propounded to the said John W. Swan and the following answers given, to wit:
1. Where, and in what year were you born?
Answer, At Woburn, Massachusetts, Aug. 22 1751.
2. Have you any record of your age, and where is it?
Answer, I have no record
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? Answer, When called into service I lived in Brookline, Massachusetts - and since the war in Artium & Frankstown N.H. in the latter of which places I 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? Answer, I volunteered
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, I believe all the particulars within my recollection required by this interrogatory are stated in my (foregoing) Declaration
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, I received discharge when I left the army in Feb. 1777, at the close of my service in the Revolution but the close of my service in the militia in 1781. Washington's name was upon the list of the first two & the last was given me by Col. Webb
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, Hon. Peter Woodbury & Hon. William Butby of Frankstown.
Certified by
H. H. Burton
Register.

N. H.
John Mc. Hearn (Princeton.)
correct. correct

I William M c Ilvain of Francestown in the state of New Hampshire aged seventy seven years depose that I am a Brother of John M c . Ilvain. In the summer of 1775 I visited him at Seavalls Point. He was a soldier at that time & place under an enlistment as I understood for eight months. and I have always understood and believe that he served the whole term of the War. subsequently eight months service so called beginning the first of May 1775 ending the last of December 1775.
About the last of August 1777 I entered the service for three months & joined the North. army at or near Stillwater & served in Capt Smith's company Col Gilkregim- ent of, I suppose Massachusetts militia Again in the summer of 1779 I entered the service for nine months & served at West- Point and other places in Capt Cogswell's com- pany in Col. Weston's regiment. He said John M c Ilvain was a soldier in the same companies with me during both the two last mentioned services. and we both faithfully served out the said terms of three & nine months. He said John M c Ilvain now lives in Francestown aforesaid. When he entered the service he had I believe in Brooklyn, Massachusetts William M c Ilvain,
State of New Hampshire
Hillborough St. September 11. 1832 Then the aforesaid William M c Ilvain personally appeared and made oath in due form of law that the foregoing affidavit by him subscribed is true -
Before me Peter Brown Justice of the Peace.
I certify that the above named deponent is a respectable person and entitled to credit as a witness.
Peter Brown Just. Peace

I, John M c Ilvain of Francestown in the County of Hillsborough and State of New Hampshire - and formerly of Brooklyne (Mass.) Hebeardman - depose, that in April D. 1775 I enlisted into Capt. Coney's company in Col. Fennick's Regiment in the Massachusetts line in the Continental Service; and served as a Private Soldier eight months against the common enemy - that I then reenlisted for one year more into Capt. Myall's Company in Col. Baldwin's Regiment and served out as above that year - then reenlisted & served six weeks longer; and again in August - D. 1777 I enlisted into Capt. Smith's company in Col. Gills Regiment & served three months - then in D. 1778 enlisted into Capt. Ewer's Company in Col. McIntosh's Regiment six weeks; then in August D. 1779 enlisted into Capt. Cogswell's company in Col. Tuston's Regiment for nine months and having completed that, in August D. 1781 enlisted into Capt. Mearns's company in Col. Wheelock's Regiment for three months and served out that time - All the above were in the Massachusetts line and from all I was honorably discharged -
I further depose, that I never received any Pension from the United States; that I am now sixty six years old & not able to labour but little - that I possess some property - worth perhaps five hundred dollars; but still think my circumstances so reduced as to need assistance from my country for support -
Apr. 30. 1818
John M c Ilvain
State of New Hampshire
Hillsborough ss. April 2, 1818. Then personally appearing the above John M c Ilvain made oath to the truth of the above declaration by him subscribed before me
Dea. Woodbury At. Jur. Sup. Ct. (N. H.)

I, William Mc. Ilvain of Francestown (N. H.) depose, that I have long been acquainted with John Mc. Ilvain of said Francestown and formerly of Brooklyn: (Mass.) that I well remember said John's enlisting and serving as a Private Soldier in the Revolutionary War in the Massachusetts line in the Continental Service one year at one period against the common enemy.
I further depose, that said John is now sixty six years old; and unable to work but little. The amount of his property, however, I do not know. — William Mc. Ilvain
April 4th. 1818
State of New Hampshire.
Hillsborough ss. April 4, 1818. Then personally appearing the above William Mc. Ilvain made oath to the truth of the above declaration by him subscribed before me.
Devi Woodbury Atty. Gen. Supr. Ct. (N. H.)

No. 72.
John M. Hlain (Huntsburg)
Porter
1810
State of New Hampshire
Hillsborough ss. April 4, 1810.
I hereby certify, that the within declarations of John M. Hlain and Wm. M. Hlain, subscribed & sworn to before me, have fully satisfied me, that the within John M. Hlain served against the common enemy during our Revolutionary War in the Massachusetts Line in the Continental Service, as a Private Soldier, longer than nine months at one period -
Levi Woodbury, At. Sec. Sup. Ct. N. H.

No 8540— John M. Hovind Private 2 years
The official character & signature of the Magistrate not called Nov 22 1892
$80—
First Trial
C. H. Atherton Esq.
Francesville N. D.

No 8540
BRIEF in the case of  John M c Ilvain -  of Francesstown in the State of New Hampshire -  (Act 7 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? 81-  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.     In 1776 Jany 1- 1- Private Gen. Cap Mayhew - Col Baldwin -   "He thinks" 1777 Jany - 42. - " " " "   "He thinks" 1777 Augt. 3. - Capt Smith - Col Gill -   1778 Augt - 42 - Capt Everett - Col McIntosh   "He thinks" 1779 Augt - 9. - Capt Cogswell - Col Weston -   Summer of 1781. 3 - Capt Newcomb. Col Webb -   1775 April - 8 - Capt Corey - Col Baldwin  
 5. In what battles was he engaged? Stillwater -  6. Where did he reside when he entered the service? Brookline Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional - Living witnesses certified to be credible.  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.
Sam P Potts.  Examining Clerk.

P 18713 INVALID.
File No. 18713
John W. Shain
Rev Rev
Act: June 7 89
Index:—Vol. / , Page 242
[Arrangement of 1870.]

Consolidated with D. W. Inv. File 18.113.
44999 INVALID.
Rev
File No. 44999
John M c Train Prin. Rev. Was
Act: 18 th March 1818
Index:—Vol. 3 , Page 321
[Arrangement of 1870.]

New Hampshire Roll.
13 4/5
John M c Ilvain, Capt Corey Private, 4 Mass s line
In the army of the United States during the Revolutionary War.
Inscribed on the Roll of N. Hampshire at the rate of 8 Dollars per month, to commence on the 3 rd of April 1818.
Certificate of Pension issued the 30. of June 1818, and sent to L d Woodbury, Esq. Frances town, N. Hamp.
Arrears to 4th of Sept r . 1818.
Semi-annual allowing
4 months 32/30. $ 40.53
{ Revolutionary claim, } { Act 18th March, 1818. }
9 months.
✓ Frances town N. Hampshire

85-40
John M c Swain
Julius Brown
B. H. by  Wharton En Frances Brown P. 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 M c Ilvaine which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes- V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes- VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes- VIII. Has the Court given their opinion? yes- IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes-

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes -
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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? Has the testimony of living witnesses
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 -
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? certificates of the living witnesses detached.
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.

I James M c Ilvain of Francestown in the State of New Hampshire aged seventy years of age that in the summer of 1781 I entered the service of the United States for six months and served in Capt. Cherry's company in Col. George Reid's regiment and was stationed at a place I think about two months of the time at Padskeel. Dur- ing the whole of the time that I was there my Brother John M c Ilvain now of Fran- cestown aforesaid was stationed as a soldier at the same place under an enlistment as I then & have always, understood for the month
James M c Ilvain
State of New Hampshire
Hillsborough ss. Sept. 12. 1832 Then the aforesaid James M c Ilvain, who is a person of good char- acter and entitled to credit as a witness per- sonally appeared & made Res. oath in due form of law that the foregoing affidavit by him subscribed is true —
Before me
Titus Brown Just. Peace
I Andrew Wallace, clerk of the Superior Court of Judicature for the County of Hillsborough in the State of New Hampshire, certify that Titus Brown is a justice of the Peace for said County, and that the within and foregoing signatures, purporting to be his, are genuine.
In testimony whereof, I have hereunto affixed my seal of Office, and subscribed my name, this fourth day of December in the year of our Lord 1832.
A. Wallace Clerk

Jan 1882