Revolutionary War Pension and Bounty Land Warrant Application File S. 29921, for Thomas James, Massachusetts

SERVICE
NUMBER
Mass
James Thomas
S 29921
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

Westhampton MS Dec. 15.
Dec 23
free J. A. Buell N.Y.
M rs J. A. Buell Dec 23
J. L. Edwards Esq., Commissioner of Pensions Washington D. C.

Westhampton Ms. Dec 14. 1885
J. L. Edwards Esq, Commissioner of Pensions,
Sir: By request I forward to you the inclosed Pension Certificate with a request that the rule by which a power of Attorney is cost to be paid after the expiration of ninety days from its date, may in this particular case, be dispensed with, and payment be allowed. The execution of a new power of atty in this case will be attended with serious difficulties, as one of the heirs of the deceased Pensioner has some months since removed to the State of Ohio, and the other two reside in different towns in this vicinity.
It appears from the perusing on the back of the inclosed Certificate, that an exception is taken to the Certificate of Reg d of Probate, but it appears difficult to put any other construction upon the phrase "he left three children" than this, that those children were then living. And the fact that they were living appears, from their signatures to the Power of Attorney.
Your obedt Servt John H. Sedol

D 447 Massachusetts Thomas James
of Northampton in the State of Mass who was a Private in the Company commanded by Captain Bannister of the Regt commanded by Col Bailey in the Mass line for 90 days
Mass
Inscribed on the Roll of Mass a at the rate of 22 Dollars 22 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 th day of Sept 1833 and Cert C.P. Northampton Mass Arrears to the 14th of Sept 1833 55.55 Semi-ann. allowance ending Feb 3, 1834. 11 $66.66
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by AKD Clerk Book E Vol. 2 Page 38 
Dead. see letter to D.A. Jud H.P. agt. Dec. 28, 1855
76
Hampshire

Thomas James Militia - 10,995.

DECLARATION,
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS OF THE 7TH OF JUNE, 1832.
STATE OF MASSACHUSETTS, } ss. COUNTY OF HAMPSHIRE. }
ON this twentieth day of August 1832 personally appeared in open court, before Samuel Hinckley Judge of the the court of Probate now sitting, Thomas James a resident of Northampton in the County of Hampshire, and State of Massachusetts, aged seventy four 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 provision made by the act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
In the fore part of February 1776 he enlisted as a private at Chesterfield, Hampshire Co. Mass. for a year. & served one month in Capt Israel Chapin's company, Lieut Seth Hunt he thinks, marched to Northampton & was mustered, drilled with the company & subject to the control of officers until the expiration of said period when he hired a substitute. In September about or a little after the middle of the month 1776 he enlisted at said Chesterfield as a private to go to New York for two months. Marched through Northampton, Westfield, Linsbury, Farmington, New Haven, Fairfield, Stratford, joined the regiment at Fairfield, thence to Westchester, New York having been a little before evacuated by the Americans, thence to Troy's point, thence after a short time to Westchester thence to Valentine's hills, thence after some weeks to White Plains, was thereabouts till dismissed. He served two months & more at that time in Capt Christopher Bannister's company, Lieut Dugald Ewing, Ensign Whitmarsh in Col. Mosely's regiment. Gen. Lincoln. The Lieut Col. was Wells, the Major one May. In 1777 he in the fore part of July he entered said service as a volunteer private at said Chesterfield to join the Northern army. Marched through Pittsfield, thence to Greenbush, thence on the East side of North River to Half Moon there crossed the river he thinks, thence to Fort Edward, thence to Saratoga & Stillwater. He served about a month, but cannot recollect his officers the army was in so fluctuating state. He went into said service again as a volunteer at the Bennington alarm & served a week or two. In 1779 he enlisted at said Chesterfield as a private for three months in the fore part of October & marched through Pittsfield to Claverick there stationed a while, thence to Albany & there stationed & served till discharged a few days perhaps before the expiration of his term. He served in a company most of the officers of which were strangers to him. One Timothy Lyman had some command. Colonel Fotherfield officers not recollected. He was born at Hingham Mass. 11 th July 1758. I suppose it is there recorded. In 1770 removed to Chesterfield aforesaid & there lived 54 years then removed to Northampton an adjoining town & there has resided since. He knows of no living witness to prove the 1st & 3rd terms of service. He never received a written discharge.
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, or (if any,) only on that of the agency in the State of
Sworn to, and subscribed, the day and year aforesaid.
Before me Samuel Hinckley Judge of Probate in the County
We, Isaiah Waters residing in the town of Chesterfield and David Bonney residing in Chesterfield hereby certify, that we are well acquainted with Thomas James who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in the neighbor- hood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid.
Samuel Hinckley Judge of Probate
Isaiah Waters David Bonney
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Isaiah Waters who has signed the preceding certificate, is a clergymen resident in Chesterfield and that David Bonney who has also signed the same, is a resident in Chesterfield and is a credible person, and that their statement is entitled to credit.
Samuel Hinckley Judge of Probate
I, Samuel Lyman Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas James for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this twentieth day of August in the year of our Lord one thousand eight hundred and thirty two
Samuel Lyman Register

Personally appeared before me Joseph Kingsley Esq the the Undersigned a Justice of the Peace in & for the County of Hampshire Thomas James who being duly sworn deposeth & saith that by reason of old age & 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 & in the following grades. For one month in February & March 1776 I served as a private In 1776 in September & October I served as a private two months . In 1777 I served one month from the first part of July. In 1779 I served two months twenty days - six months & 20 days in the whole & I cannot state the names of officers or periods of service more definitely than I have done. For these services I claim a pension Wethampton July 11 th 1833. Thomas James
Joseph Kingsley Justice of the Peace.

COMMONWEALTH OF MASSACHUSETTS.
Hampshire ss.
I, SAMUEL F. LYMAN, Register of the Court of Probate within and for said County of Hampshire, do hereby certify that Joseph Wigglesly Esquire, before whom the annexed deposition was taken, was, at the date thereof, one of the Justices of the Peace within and for said County, duly and regularly appointed, and that the signature thereto annexed purporting to be his, I know to be genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this twelfth day of July
A. D. 1833 —
Sam F. Lyman Register of Probate.

10995
Thos James
Phila 6 Mr 20 day
5. 14 lb
May 15/1833
8 398
 25 22 2   22 22 2   44 44 4   11 11 1   55 55 5 
C. P. Huntington Northampton Mass

BRIEF in the case of Thomas James  of Northampton  in the State of Ohio  (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? 74 years  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.     Feb'y In 1776 1 Private Genl Col. M c Donough   Sept 1776 2 " Genl Bannister Col. M c Donough   July 1777 1 " Officer not recollected   October 1777 2 20 "  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Chittenden Ohio  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Alcott Examining Clerk.

29 921 Pay INVALID.
File No. 29 921
W. M. Laine The New York
Act June 1 st 1894
Index — Vol. 2, Page 203
[Arrangement of 1870.]

Obadiah Skiff for Shol James.

I Obadiah Skiff of Williamsburgh in the County of Hampshire and Commonwealth of Massachusetts of the age of Seventy six years do hereby say in the fall of the year one thousand eight hundred  one thousand eight hundred and twenty eight that Thomas James then of Chesterfield, now of West Hampton in said County of Hampshire enlisted into the United States service in the State troops, in a Company commanded by Capt. Jos. Clapp first Lieut. was Timothy Lyman. we marched in company with the said Thomas James from said Chesterfield, under what Officer I do not recollect, to Claverick in the State of New York where we remained a number of days, from thence we were marched to Albany in the State of New York and there, according to my recollection, joined a Regiment commanded by Col. Israel Chapin, and we were dismissed at said Albany - The time of our enlistment was three months, but we were dismissed before the expiration of the time of our enlistment. As near as I can recollect the term of our service was over two months and but a few days short of three months. Obadiah Skiff
Hampshire ss - September 3 d 1832 - Personally appeared before me Obadiah Skiff aforesaid and made oath to the truth of the foregoing affidavit by him subscribed taken at the request of the said Thomas James, and to be used by him in an application for a pension from the General Government -
Before me Elisha Hubbard Jr. Justice of the Peace
Hampshire ss July Jan 14 th 33 I hereby further certify that the above named Obadiah Skiff who made oath to the foregoing affidavit before me is a person of truth & veracity Elisha Hubbard Jr. Justice of the Peace

Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Elisha Hubbard Jr Esquire, before whom the annexed deposition was taken, is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twelfth day of September A. D. 1832.
Sam d F. Lyman
Register of Probate.

Left Wilcutt for Shol. James,

I, Japheth Willcutt of Chesterfield in the County of Hampshire do hereby make oath of my own knowledge of the age of eighty years testify & say, that in September the 25 th 1878 Thomas James, then of Chesterfield aforesaid, but now of Northampton in said County enlisted with me into the service of the United States in the States troops I joined a company at Chesterfield commanded by Capt. Christopher Lee Barstow. Thomas James was the Lieut. of the same company. We were marched from Chesterfield to Northampton thence to Westfield & were here in Col. from thence to Fairfield & there joined a Regiment commanded by Col. Moseley of Westfield, the Lieut. Col. was a Mr. Wells of Whately Mass. Maj. Ezra May - staid at Fairfield a week or ten days. From Fairfield we were marched to Horse Creek & Kings Bridge & thence to Valentines Hill & White Plains and continued in that vicinity in the service until we were dismissed. The term of our service at this time was a few days over two months. We then returned to Chesterfield aforesaid.
Again in the fall part of October 1879 as near as I can recollect Thomas James enlisted with me into the service in a company commanded by Capt. Jas. Clapp, at Chesterfield - first Lieut. was Timothy Lyman. We were marched by Capt. Clapp from Chesterfield to Great Barrington in Mass and there joined a Regiment commanded by Col. Chapin - from Great Barrington we were marched to Glacenberg in the State of New York and after staying about a week, as I should think, we were marched to Kinderhook and from thence to Albany where we were dismissed. We enlisted for three months, but were dismissed before that time expired. As near as I can recollect the term of our service was over one & under two months. I think we were at Albany about three weeks.
Japheth Willcutt
Hampshire ss. August 27. 1882 Personally appeared Japheth Willcutt aforesaid & made solemn oath to the truth of the foregoing affidavit by him subscribed, taken at the request of said Thomas James & to be used by him in an application for a pension from the General Government.
Before me Dyer Bancroft
Justice of the Peace
Hampshire ss. 1883 July 13 th
I hereby further certify that the above named Japheth Willcutt who made the foregoing affidavit before me is a person of truth & veracity.
Dyer Bancroft
Justice of the Peace

Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Dyer  Bancroft Esquire, before whom the annexed deposition was taken, is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twelfth day of September A. D. 1832.
Sam F. Lyman Register of Probate.

10995 From a James
C. P. Huntington Esq. Northampton Mass

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas James Northampton Esq. 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? no 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no 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? 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? no 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? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no 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? no XVI. †Are the papers authenticated as the regulations direct? no 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. 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 shown 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.