Revolutionary War Pension and Bounty Land Warrant Application File S. 10906, for Ebenezer Jaquith, Massachusetts

SERVICE
NUMBER
Mass.
Jaguth Ebnezer
S. 10906
CONTENTS

151858 N. Hampshire
Abenezer Daggett of Nashua in the State of N. Hampshire who was a Private in the Company commanded by Captain Hall of the 1st Regt by Col. Thatcher on the N. Hampshire line for 6 Months
Inscribed on the Roll of a New Hampshire at the rate of 20 - Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 rd day of Aug 1833 and sent off to Peter Gaffey N.H.C.
Arrears to the 4th of March 1833 $40.00 Semestral allowance ending 2 nd Sept, 10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Goss Clerk, Book 2 Vol. 15 Page 94

Declaration of Ebenezer Ingham Jaffrey Cheshire Co. N. H.
12.520

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE, ss.
On this fifth day of September 1832 , personally appeared in open Court, before the Hon Aaron Watson Judge of the Court of Probate for said County of Cheshire
now sitting, Ebenezer Jagueith a resident of Jaffrey in the county of Cheshire and State of New Hampshire aged 73 years last November 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.
1 st - That in, Dec. of the year 1776 as I think, I enlisted and served three months in the Company of Captain John Trull - Select Amos Foster, in Col. Thatchers Regt. of Massachusetts Militia - that I went from Billerica Mass. through Providence, R. I. and thence to the vicinity of Kingsbridge, crossed the North river at Fish Kill, and was at White Plains, but I do not recollect being at Albany - Col. Thatchers was at so many places that I think we were no longer than a fortnight in any one place, and I cannot recollect them all - that I was dismissed at Rahway in New Jersey - 2 d - That I enlisted as a private soldier in the Company commanded by Capt John White, in the Regiment of Col. Stearns; and about the first of April 1777. or 1778 but as I believe the latter, went to Roxbury from Fitchburg and from thence to Castle William now Fort Independence in the harbour of Boston - that I served three months on the Castle and was then discharged - I further say that I am the same Ebenezer Jagueith mentioned in the Affidavit of Benjamin Johnson -
I was born at Billerica Mass. in the year 1759 - I suppose there is a record of my age at Billerica - When called into the service the first time I lived at Billerica

and the last at Fitchburg Mass - and since the war have lived at Jaffrey Cheshire County N.H. & now reside there - I enlisted as before stated - At the Castle there was a company of Artillery but I do not recollect any of the officers - There was also a Company of Militia Commanded by Capt Washburn - While Col. Statches Regt. was near Kingsbridge there were three other Regiments there, the whole commanded by Gen. Heath, but I do not recollect any of the Colonels; as we marched down the river to take a fort (which however was not taken) some men were frozen to death it being extremely cold - Never received any written discharge - The Rev. Laban Stinsworth and Deacon David Gillmore live near me in said Jaffrey and can I believe testify as to my character for veracity and belief of my services as a soldier of the revolution.
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.
Oliver J. Gage
Sworn to and subscribed the day and year aforesaid.
Aaron Watson Judge of Probate
We, Laban Stinsworth a Clergyman residing in Jaffrey aforesaid and David Gillmore residing in the same town do,
hereby certify, that we are acquainted with Oliver J. Gage who has subscribed and sworn to the above declaration; that we believe him to be seventy 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.
Laban Stinsworth David Gillmore
Sworn and subscribed the day and year aforesaid.
Aaron Watson Judge of Probate
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 Laban Stinsworth who has signed the foregoing Certificate is a Clergyman residing in the Town of Jaffrey aforesaid and that David Gillmore who has signed the same is a resident in the same Jaffrey and is a credible person and that their statement is entitled to credit.
Aaron Watson Judge of Probate
I, Asa Parker Register of the Court of Probate for said County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of Oliver J. Gage for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this fifth day of September A.D. 1832
Asa Parker { Register of said Court of Probate

Phoenicia Saguith
Plant 6 Mura
14 06
Apr 15 1833
P. 338
12 5 20
See Parker
Jaffrey 01 H

BRIEF in the case of  Benjamin L. Smith  60 of Cheshire  in the State of  N.H.  (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? 73  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 1796 enlisted 3 As a Private Gen. Capt. Dull Col. Grafton   1797 or 1798 " " 23 " " White Col. Stearn  
 5. In what battles was he engaged? None Mentioned  6. Where did he reside when he entered the service? Silvatica Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional and two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? one Certified Correct the other not 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Sayre
Examining Clerk.

Benjamin Johnson Affidavit
for E. J. Smith

I Benjamin Johnson of Leominster in the County of Worcester & Commonwealth of Massachusetts, of lawful age, testify & say, that I enlisted into the Company of Capt John White, of a Massachusetts  the Regiment commanded by Col. Stearns, to serve at Castle William, now Fort Independence, in the harbor of Boston - I joined a part of the said Company at Roxbury - & Ebenezer Jagnith, then from Fitchburg in said County, was one of the soldiers in said Company - We both proceeded Ap. 1 st 1777 to the Castle & both served in said Compa- ny for the term of three months when we were both discharged - Benjamin Johnson
Worcester - Aug. 8 th 1832 - Then the above named Benjamin Johnson personally appeared & made oath to the truth of the foregoing Affidavit by him subscribed - And I certify that the said Benjamin is a person of good character for truth - Joseph G. Wendell Jus. Peace

Commonwealth of Massachusetts.
Worcester. I Abijah Biglow, Clerk of the Judicial Courts, holden within and for the County of Worcester do hereby certify, that the Hon. Joseph G. Kendall is a Justice of the Peace, within and for the County of Worcester, and that his signature thereto appears to me to be in his own proper hand writing. In testimony whereof I have hereunto
set my hand, and affixed the County Seal, this sixteenth day of August, in the year of our Lord one thousand, eight hundred and thirty two.
Abijah Bigelow Clerk.

3. Ebenezer Rogers Affidavit
for E. Sagastiz

I Libediah Rogers of Billerica in the county of Middlesex and state of Massachusetts, seventy eight years of age; testify and say, that in the war of the Revolution I enlisted as a soldier into the United States service for the term of three months beginning as I think about the month of December; but I can not say in what year - I served out the said term, according to my enlistment, was during a part of the time at Albany, at White Plains, at Fishkill, and other places which I do not remember. I was in the company of Capt. John Trull, Lieut. Amos Foster, in Col. Thatcher's Regiment. I further testify that Ebenezer Gage who now lives in Gaffney in the State of New Hampshire, enlisted into the service at the same time from the town of Billerica, served the same term in the same company and returned home with me. - Zeb A. Fish Rogers
Commonwealth of Massachusetts.
Middlesex ss. August 9 th 1832. - Then the above named Libediah Rogers personally appeared and made solemn oath that the foregoing deposition by him subscribed is true.
Before me. Joseph Locke.
Justice of the Peace thro' the term.
I certify that the above named Libediah Rogers is a credible witness. -
April 27 th 1833 -
Joseph Locke. S. Peace

Commonwealth of Massachusetts
Middlesex: ss. I Elias Phinney Clerk of the Court of Common Pleas for the said County of Middlesex, do certify that Joseph Locke is a Justice of the Peace within and for the said County, and his name set to the within Certificate, is his own proper signature.
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court this sixteenth day of August A.D. 1832.
E. Phinney

Reichman
10906 INVALID.
File No. 10906
Ebenezer Gagnon Dis New Mar
Act: June 14 82
Index:—Vol. 2 , Page 191
[Arrangement of 1870.]

12520
Ebenezer J. Gurnth
M rs Parker E Gaffney 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 Theresa Duguid 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? 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 one no one 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? 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 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.