Revolutionary War Pension and Bounty Land Warrant Application File S. 13830, for John Marston, New Hampshire

SERVICE
NUMBER
N.H.
Marston, John
S. 13830
carded
CONTENTS

5139
New Hampshire
John Marston
Sandwich in the State of New Hampshire who was a Sgt. in the company commanded by Captain Colkins of the Regt. commanded by Col. Foot in the New Hampshire line for 3 months 23 days - Sought 12 mo. private
Enscribed on the Roll of New Hampshire at the rate of 58 Dollars 83 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 th day of Feb y 1833 and sent to D r Wentworth Esq. Sandwich New Hampshire
Arrears to 4th of Sept 1833 88.24 Pemi-anl. allowance ending 4 th March 1833-29.41
$117.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book D Vol. 1 Page 171

No 8389
Mr Marston & New Hampshire.
on Role capt Leavitt be as having enlisted 5 Augt 1778 & served 25 days
on Role capt Leavitt be as having served as a Serjt from 3 July 1780 - 3 Mo & 23 days
on Role of capt Parsons be as Pvt for 3 Mo & 11 days from 5 Dec 1776 -
Att P. Wentworth Sandwich W H

BRIEF in the case of  John Marston of Sandwich  by of Suffolk in the State of New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  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 1775 8 Priv Gen. Elkins, Capt Scamtt   " Col Poor   1777 3 11 " Capt Parsons   1778 4 25 " Capt Prescott Genl Whipple   1780 3 23 Q.M. Serjt. Scamtt  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Hampton, New Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? His own Declaration  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.
J. Marston Examining Clerk.

John Marston
8389.
Swan

STATE OF NEW-HAMPSHIRE.
COUNTY OF STRAFFORD ss.—
Superior COURT OF Judicature
August
TERM, 1832:
On this 23 day of August 1832, personally appeared before the Justices of the Superior Court of Judicature now in session at Gilford within and for said County of Strafford, John Marston a resident of Sandwich in said County of Strafford and State of New-Hampshire, aged 75 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 7, 1832. That he enlisted in the army of the United States, in the year A.D. 1775.
and served as follows: — I enlisted under Capt. H. Elkins of Hampton in the State of New Hampshire for eight months and was stationed at Hampton and Rye Beech two months & then went to Winter Hill. Then Capt. Elkins resigned and Capt. Moses Leavitt took the Command and joined Col. Poors Regiment and stayed at said Winter Hill till the first of January (I believe) when my time of service expired. And in Dec. (I believe) following I enlisted under Capt. Parsons of Rye for three months and went to Peekskill and remained till my time of service expired. In the Year 1778 (I think) I volunteered and went to Rhode Island and served about one month under Capt. Prescott Genl. Whipple Commanded the Volunteers — In the Year 1780 I enlisted under Capt. Moses Leavitt of Northampton in said State of New Hampshire for three months and went to Springfield Massachusett and carried about on Week and then were ordered to March to Claverick in the State of N. York and thence down the River to West Point and there carried till dismissed. All of said last service (3 mos) I served as orderly Sergeant —
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 any agency in any state.
John Marston
Sworn to and subscribed the day and year aforesaid, in open Court.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
ATTEST—
A. Peirce,
CLERK.
I, Andrew Peirce, Clerk of the Superior Court of Judicature for said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Marston for a pension.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this 23 day of August in the year of our Lord one thousand eight hundred and thirty two.
ATTEST—
A. Peirce,
CLERK.

Aug. 10/55 Hist. & Mss. D. Marlow. Outer Sandwicks N. K. M. E. L.
Reckon
✓ 13 830 INVALID.
8.
File No. 13. 830
John Marston Y.C. Sergt. R.A. War.
Act: June 7th 1832.
Index:—Vol. 1 , Page 239
[Arrangement of 1870.]

Dr. E. Q. MARSTON, Center Sandwich, N. H.
EM July 31. 1895
Commissioner of Pensions, Washington, D.C.
Dear Sir -
Will you please furnish me with the Military History of John Marston, War of the Revolution, Pension Claim 5139.
He died Nov. 9. 1846.
Very respectfully, Enoch Q. Marston
EM

No 8389
Mr. Marston of New Hampshire
3 Mo. 23 days. Supt 128 6 25 Pounds
J. Wentworth Sandwich A 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 Marstone 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 ?  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? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  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 ? See  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ? See 
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.