Revolutionary War Pension and Bounty Land Warrant Application File W. 2660, for Nathan Osgood, Massachusetts

SERVICE
NUMBER
Mass,
Osgood Nathan
N. 2660
Hepzabah
Hepsibah or
CONTENTS

2971 Maine. Portland. Hepsibah Osgood. widow of Nathan Osgood who served in the Revolutionary war, as a private Mass Line
Inscribed on the Roll at the rate of 63 Dollars 55
Cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued the 22d day of November, 1853. and sent to
Geo B Moody Bangor Me.
Recorded on Roll of Pensioners under act February 3, 1853, Page 7. Vol. A

Declaration
In order to obtain the benefits of the 2 d section of the act of 3 d February AD 1853 State of Maine County of Hancock
On this Second day of September AD 1853 personally appeared before me Parker Tuck Judge of the Probate Court for said County and State, which is a Court of Record. Kepzibah Osgood a resident of Scituate in the County of Hancock in said State aged Eighty Six years, who first being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 3 d of February 1853 granting pensions to widows of persons who served during the Revolutionary War - That she is the widow of Nathan Osgood who was a Private in Capt Woodhams Company, Col Biglow's Regiment, and served from Sept 1, 1777 to April 2 d 1779 as she has reason to believe and does believe, and for proof of his services she refers to the official document hereto annexed and to the application connected thereto as containing all the proof in her power and all the knowledge which she has upon the particulars of said services: — She further declares

That she was married to the said Nathan Osgood on the 28 th day of March AD 1820 That her said husband died on the 26 th day of December AD 1830, That she was not married to him prior to the 2 nd of January Eighteen hundred, but at the time above stated
She further declares that she is now a widow. She also declares that from extreme age and bodily infirmity she is unable to attend court
D. Morgan Jr. B.S. Cole.
Rebecca Osgood
Sworn and subscribed on the day and year above written before me, and I certify that the said applicant from extreme age and bodily infirmity - is unable to attend court
Witness my hand this second day of September AD 1853
Parker D. Peck Judge of the Court of Probate for Hancock County

We Daniel Morgan Jr and Rufus S. Cole both Residents of Scituate Maine on oath depose and say that we have been acqun- -ted with Hepzibah Asgood many years and know her to be the widow of Nathan Asgood who was reported to have been in the Revolution; She is the same person who signed the foregoing Declaration in our presence
D. Morgan Jr. R. S. Cole.
State of Maine County of Washington } ss
September 2 d 1853
Sworn and subscribed before me; and I certify that the same affiants are known to me and are entitled to credit, also that I have no interest in the aforesaid claim, and no concern in the prosecution of it.
Rankin Fick
Judge of Probate for Washington County.

State of Maine Hancock Co } September 3 rd 1853
We Daniel Morgan & Tho s Calk both residents of Sedgwick Maine on oath depose & say that we were personally acq- -uainted with Nathan Osgood late of Sedgwick who was reputed to have been in the War of the Revolution, and that we have personal knowledge of the death of the said Nathan Osgood, which occ- -urred on the 26 th day of December AD 1830
Daniel Morgan Thomas Calk
State of Maine County of Hancock Co } September 3. 1853
Sworn and subscribed before me; and I certify that the said affiants are known to me and are entitled to credit; also that I have no interest in the aforesaid claim of Deborah Osgood widow of the said Nathan Osgood and no concern in the prosecution of it
L. G. Pillsbury justice of the Peace

To William Jackson Esq., Clerk of the town of Sedgwick. Return of Marriages.
March 28th. 1820. Nathan Osgood to Hannah Glover both of Sedgwick.
The Above persons have been joined in marriage by me
Amos Allen
Blinkill April 27th. 1821.
(A true copy Attest)
William Jackson Town Clerk
(A true copy of record
Rufus S. Cole, Town Clerk.
Sedgwick Sept. 1st. 1853.
I, Rufus S. Cole, depose and say, that I hold the office of Town Clerk for the town of Sedg- wick, county of Hancock, State of Maine, and that the foregoing is a true extract from the records of marriages for said Town in my custody. Rufus S. Cole, Town Clerk.
State of Maine County of Hancock to Sept 1. 1853
Subscribed and sworn to before me; And I certify that the said Rufus S. Cole is well

known to me and as entitled to credit — Also that I have no interest in the result of the claim of Mrs Osgood and no concern in the prosecution of it.
L. C. Pillsbry Justice of the Peace

State of Maine Hancock ss. —
Registers Office Ellsworth Warren ss King Register of the Court of Probate within and for the County of Han- cock hereby certify that Parker ss Lock whose name appears subscribed to the foregoing certificate, is now, and was at the time of subscribing the same acting Judge of Probate within and for said coun- ty of Hancock, duly commissioned and qualified; and, as such, full faith and credit are due his official acts, and that his signature subscribed to said is genuine
In testimony whereof, I hereunto set my hand and affix the seal of said Court this Seventh day of September in the year of our Lord one thousand Eight hundred and fifty three
Warren ss King
Register of said Court — Hancock County

State of Maine.
PENOBSCOT, ss.
I, NATHAN WESTON, Jr., CLERK OF ALL THE JUDICIAL COURTS in said County, certify that
L. G. Shillaber
Esquire, is, and was at the date of his Certificate,
an acting Justice of the Peace, in and for of Hancock our County, as appears by the paper hereto annexed, that he is duly commissioned and qualified to act as such;
and that the signature to the annexed paper purporting to be his are genuine.
In Testimony Whereof, I have hereunto set my Hand, and affixed the Seal of the SUPREME JUDICIAL COURT for said State, this twelfth day of September in the year of our Lord one thousand eight hundred and fifty three .
Nathan Weston Jr.
Clerk.

Perman
WIDOW, &c.
File No. 2660 Hepsibah Osgood (Widow) Nathan Osgood Pri. Rev War
Act: Feb. 3, 1853.
Index: — Vol. M. , Page 103.
[Arrangement of 1870.]

No. 3346 Hephzibah Osgood. Wid. of Nathan. —
St. to Geo. B. Moody, 22 d Oct. /53
Alt 3 d Feby, 1853

Sept. 10 1853. Afft. of Hepzibah Osgood. Wid. of Nathan. Hancock Co., Me:
Act 153
Rev:
$63. \frac{55}{100} Per An — Com — Feb: 3 d 1853.
19. Mos: & 2 d Service. Original Parole . Geo B. Woody. Bangor.
DEPARTMENT OF THE INTERIOR, Pension Office, Official Ruling

Heppner, Or. with
Chatham Dec 10 1883
FREE
Hon. L. P. Waldo Commissioner of Pensions Washington D.C.

Hon. S. T. Waldo Commissioner of Pensions Washington D.C.

Sept. 16, 1852.
Appl. of Herb ivan Osgood, widow of Nathan
Hancock co., Maine.
Dedder #193
accts 53.
Michael
John B. Moody. Danzel Washington D.C.
F.F.

Bangor Nov. 14. 1853 Hon. L. P. Waldo. Sir
Permit me respectfully to ask your personal attention to the Rev. Pension claim of Hepzibah the good widow of Nathan - The Sec. of War certifies to service - that he was "on list of Capt N. Co. Col. Bezelows Regt from Sept 1. 1777 to Apr. 2. 1779 - 19 Mts 2 days from Lancaster - Discharged" your official letter of 22 Oct. states that "if he was not honorably discharged his widow would not be entitled?"
I do not know upon what authority that position may be taken and asserted - But certainly I have very carefully examined the law of June 7. 1832 and it is there stated without qualification that an actual service of 2 years shall entitle to a full pension & of a less term but not less than 6 mos to a proportionate Pension - The claim is based in said law entirely upon an actual service & it is no where suggested that any misconduct of the soldier shall be punished by a forfeiture of his right to the Pension - Nor is such a provision

is in their favour -
The presumption of Law then stands with the full force of proof that he was honorable discharged -
Has the Govt. any counter proof? if so let it be produced - certainly we cannot be called upon to knock down our own structure - to rebut our own proof - nor can we by any principle of Law, or Rule of Justice or dictate of common sense be asked to show affirmatively the negative fact that there is not in existence any proof which might upset that we have offered -
I might enlarge & illustrate, but I know you have no time to bestow unnecessarily on any case - and I content myself by simply stating my confident belief that this objection will be abandoned -
It is further said in your letter above referred to that she must identify her husband as the Nathan Ozgood - &c -
No other identification would be in her power than proof of his general reputation as a Revolutionary soldier among such old people as may be found in the neighborhood & of his estate matters if any on the subject - and no other

incorporated in any Revolutionary Pension act for soldiers or their widows - I have also carefully examined the Regulations of the Pension Office as published and the opinions of the Atty. Generals and no where do I find any law or authority for enquiring into the question as to the manner or cause of the soldiers discharge -
And if the Legislative Power was silent could an Executive branch of the Govt assume the Province of the Legislature and do or decide anything in respect to the abstract right of a claimant which was not contained in the Law -
I believe it is the practice of your office and Mr. Colmar's by his letter of June 27. 1843 asserts that desertions work a forfeiture of Pension -
Whether this is based upon any law or is an arbitrary assumption I know not - but which ever it be it gives no authority so far as I can comprehend to enquire into the circumstances of the discharge of a Revolutionary soldier in order to decide upon his claim or the claim of his widow -

I may have overlooked something, but if I have not I confidently believe that you as a Lawyer and as the Head of the Pension Department will sustain my views upon this point -
But assuming it to be otherwise - is there any thing in the Sec's certificate to justify even a suspicion against the soldier - To say that he was discharged - is tantamount to impute dishonor to his discharge - all are discharged who do not die or desert, some for one cause some for another - the cause sometimes mentioned - sometimes not -
There can be no reasonable pretence then that the simple mention of the fact contains any implication tainting it with dishonor -
But in the next place - surely, surely if the Revolutionary honor attached to a man does not justify all the mention and the eulogies lavished upon him by an host of full orators it should still in the eyes of a National American make it almost a crime, in his case to tear from him that Algis which the Law holds before all citizens - that Assumption

is in their favour -
The presumption of law then stands with the full force of proof that he was honourably discharged -
Has the Govt. any counter proof? if so let it be produced - Certainly we cannot be called upon to knock down our own structure - to rebut our own proof - nor can we by any principle of law, or Rule of justice or dictate of common sense be asked to show affirmatively the negative fact that there is not in existence any proof which might upset that we have offered -
I might enlarge & illustrate, but I know you have no time to bestow unnecessarily on any case - and I content myself by simply stating my confident belief that this objection will be abandoned -
It is further said in your letter above referred to that she must identify her husband as the Nathan Osgood -
No other identification would be in her power than proof of his general reputation as a Revolutionary soldier among such old people as may be found in the neighborhood & of his estate. Meets if any on the subject - and no other

is I presume expected at this late day - The reason why I did not call upon the party to exhibit such proof in this case was that she had mentioned in her preliminary application to the Sec. of Mass such circumstances in reference to the service as in connection with the subsequent evidence elicited thereby, made out pretty strong inter- nal evidence on the point of identity. If applications of this character & for this purpose are as I know is sometimes the case used as furnishing argu- ments against the claim when the application & the Secy's Record seem contradictory - on the other hand when they harmonize the strong evi- dence furnished by said harmony surely ought to weigh forcibly in their favour - and I thought that weight would be enough in this particular case to dispense with additional proof of identity - I respectfully refer you to said appli- cation & the Secy's Certificate -
I remain very Respectfully Sir Your Obedt Servt Geo. B. Woodley

Brief in the case of
Hepsibah Osgood, Widow of Nathan
Sussex Co. County and State of
act 3 d Feb y , 1853.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Isaac Osgood was a Soldier in the War of the Revolution, 19 months & 2 days. He belonged to the Mass. Militia.
Recent evidence of marriage
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Geo: B. Muzzey Esq. Name and residence of Agent Bangor, Me.
J. Boynton Examining Clerk.

Bangor Dec. 1, 1853
Sir
I have received the Pension certificate of the Widow Osgood - I think it proper that I should express my acknowledgments for the kindness with which you so promptly considered the views I had the honor to submit in the case through my Brother and for the very speedy action thereon which has followed. I have also to state that since the receipt of the Certif. I have received another certificate from the Secy of Mass. explaining that there was nothing on the Record to indicate any other than an honorable character to the discharge of Osgood -
I have the honor to be Sir very Respectfully
Kezibah wid of Nathan Hon. L. P. Waldo Commr of Pensions
Geo. B. Moody

Revolutionary Claim of Linton -
2 d Sec. Act. of Feb. 31 1853.
Heberick Osgood.
Geo. B. Moody agent Bangor

Commonwealth of Massachusetts.
Secretary's Office, Boston:
Aug. 18. 1853.
I hereby Certify, That, from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that The Name of Nathan Asgood is borne on List of Capt. Hodgkins Comp. Col. Bigelow's Regt. from Sept. 1. 1777 to April 2. 1779. 19. Mos. 2 Days from Lancaster. Discharged.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
T. M. Wright Secretary of the Commonwealth.

Application for certificate of Revolutionary services, made by the widow of the party who rendered the service: State of Maine, County of Hancock Town of Sedgwick
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office of the service of Nathan Osgood in the war of the Revolution.
He was a native of the town of Andover in the State of Massachusetts.
From what town he enlisted is not certainly known, but as he resided about the time the war broke out, in the neighborhood of Lancaster in said State, it is presumed he enlisted from that town.
He enlisted in 1777, or 1778 and served nearly two years as a private in a regiment of troops of said State supposed to be commanded by Col. Bigelow, and a person by the name of Hodgkins was one of his officers, but whether Capt. of his company is not known.
No further particulars of his service can be stated; The undersigned

was not married to him till many years after his service:
I am eighty six years old Witness my hand this first day of August A.D. 1858
Herbert Goguel
Signed by said Herbert Goguel in my presence Luther S. Philbrick Justice of the Peace
the other two