Revolutionary War Pension and Bounty Land Warrant Application File S. 13,881, for Joseph Magoon, New Hampshire

SERVICE
NUMBER
N 26
Magoon Joseph
S 13881
CONTENTS
Carded

Vermont 18798
Joseph Hazzoon of Haverhill in the Province of Lower Canada. who was a privt Sgt. in the Company commanded by Captain Shepard of the 2nd Regt. commanded by Col. Weyman in the A.H. Mtn. line for 6 mos 26 ds for $ 4. Sgt.
Inscribed on the Roll of Vermont at the rate of 42 Dollars 86 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 3 day of Octr. 1833 and sent to O. Winman Derby.
Arrears to the 14th of Sept 1833 $107. 15 Semimont. allowance ending Sept 30 21. 43 $128. 58
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book Vol. 3. Page 78

19 108
N.B.
Joseph Abagoon Orleans Dist t Varn or Canada
e
Timothy Heman, Deputy Dut

WAR DEPARTMENT,
Pension Office,
13 Jan 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Joseph Hoagland
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1 Nov 1775 4 Sergt Capt Shepherd Capt Lebanon the Army at Ticonderoga 80 Years Lebanon N.H. By Living Witnesses   June 1776 6 " Shepherd Capt Col. Morrison and other officers   1778 2 26 per Rule of service Lieut Brigadier General Nicholson  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) 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.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B. who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you 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?  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 services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 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. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 here or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. 3
Living in Colchester

State of Vermont } On this day 15 of August personally Orleans District ss } appeared before the Hon Probate Court held at Derby in the district and county of Orleans Joseph.
Major of Stansstead in the prov ce District of Stansstead and prov ce of Lower Canada aged 80 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 th 1832 That I enlisted about the first of November 1775 under Capt James Shepherd for 4 months and served the 4 months as sergeant and then dismissed and returned home the last of May or first of June 1776 I enlisted under James Shepherd Capt to join the continental army for 6 months and immedi- ately marched to Ticonderoga and was there when the defeat was on Lake Champlain of the American fleet and lived out the 6 months and then was discharged and returned home in 1778 I enlisted to go to Rhode Island under Capt Benj m Lias and served 2 months and then was dismissed and returned home
The Applicant was born in Kingston New Hampshire 1752 and moved from there to Thornton and from Thornton to Danville and from Danville to Stansstead in the prov ce of Lower Canada where I now reside -
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state - Signed and subscribed the day and year aforesaid
Joseph Maggass

I Ephraim Magoon of Shipton in the district of Three Rivers and Province of Lower Canada aged 76 years do certify that I was knowing to Brother Joseph Magoon at Londonderry N.H. enlisting in June 1776 in Capt James Shephards Company for six months in to join the Continental Army at Tienderoga but I was not with him during his service as I was soon after he left went to Portsmouth in the Malitria of New Hampshire but returned home to my Brothers return which was late in the fall after the first snows fell and after his six months warrant service in the month of July 1776 my said Brother and myself enlisted under Capt Benjamin Lias of Londonderry N.H. for two months marched immediately to Rhode Island where we continued until Sullivans retreat and after the retreat and we had left the Island and the term of our enlistment had expired we were dismissed — Sworn and subscribed to this 15 th day of August 1832
Eph n Magoon
I Ephraim Moe of Hatley in the Province of Lower Canada aged 73 years do testify and say that I was at Cambridge in the State of Massachusetts in the New Hampshire Malitria in 1775 that I was well not acquainted with Joseph Magoon who has made the within declaration and saw him at Cambridge as a soldier in New Hampshire troops at the summer of 1775 same time I did not see him enlist and cannot tell how long he served — but know that he acted the part of a soldier while there — Sworn & subscribed this 15 th day of August 1832
E Magoon

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 on them that Ephraim Morgan and Ephraim Morse who have signed the succeeding certificates are residents in the townships of Shipton and Hallam respectively, and are credible persons and that their statements are entitled to credit.
I John H. Kimball Register of the Probate Court for the District of Orleans do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Morgan for a pension.
In testimony whereof I have hereunto set my hand and seal of office This 15 th day of August 1833 - John H. Kimball Register
State of Vermont Orleans County ss } Derby August 17 1833 Then personally
appeared before me the undersigned a Justice of the Peace within and for said county of Orleans Joseph Morgan of Hambleton Lower Canada who being duly sworn deposed and says 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 viz. 1 st for four months served as a Sergeant in Capt. Shephard's Company, and was stationed at Cambridge Mass. but cannot recollect my Colonel's name. 2 nd for six months as a private in same company under Col. Weyman and Senter and Maj. Peabody. 3 rd for certainly not less than a month as a private under Capt. Sias but cannot recollect my Colonel's name, and the Brigade Major's name was Sheburne and for this service I claim a pension.
For the cause of the
Sworn to and subscribed the day and year aforesaid Before me J. M c Lean Jr. Justice of the Peace.

State of Vermont Orleans County ss
I Issa H. Allen Clerk of Orleans County Court do hereby certify that D. M. Camp who has affixed his name to the within is a magistrate duly qualified and that I believe the same to be his genuine signature
In testimony whereof I hereunto subscribe my name and affix the seal of said Court at Newburgh this 20 day of August 1833
Issa H. Allen Clerk
Declaration of Joseph Mayhew
1908

Reuben
13881 INVALID.
File No. 13881
Joseph Wagman Pittsburgh River Road
Act: June 7 1932
Index:—Vol. 1 , Page 287
[Arrangement of 1870.]

Revolutionary Placard, July 1st, 58/1 Aug -
  20  2.86    20  2.86    42  5.88    85  11.92    21  2.94    107  15.05  
Adm.
Amos Luf. 6 " 26 3/4 m.
Free
Honb le Lewis Casp. Secretary of War.
City of Washington District of Columbia -
P F 12
by New York the Standard ...

Derby August 26 th 1833 Honble P. L. Edwards
Sir I here enclose the Application of Joseph Magoon, as amended by his Oath substantiating his services by his Last Discharge he served four Months a Sergeant and Seven Months as a Private if the amendment is satisfactory you will please to forward his certificate the applicant is very old and infirmed, and if he does not succeed in obtaining his pension soon he will not be able to pay the Government of the United States annuities the soldiers that fought for their Independence as he is now in his 82 nd year. I desire to reexamine his case and make report to - Your Obedient and Humble
servt G. H. Himmann

I John Foss of Thornton in the County of Grafton and State of New Hampshire of age do testify and say that I was well acquainted with Joseph Haxon in the year 1778 and was in the same company with him in the Service in the revolutionary war under Captain James Theobald in Colonel Wyman's regiment at Mount Independence when he served in company with me five months.
State of New Hampshire } Grafton ss }
John Foss
Thornton July 3 d 1832
Personally appeared the above named John Foss and made solemn oath that the foregoing deposition by him subscribed is true and I further say that I am well acquainted with the said John Foss and know him to be a credible witness.
Samuel Fiske Just. Peace.
State of New Hampshire
Grafton ss I Stephen P. Webster Clerk of the Superior Court of Justice within & for the County of Grafton do hereby certify that on the third day of July instant Samuel Fiske Esq. of Thornton was an acting Justice of the Peace within & for said County of Grafton, that the above signature is genuine and in the hand writing of the said Fiske. —
In testimony whereof I have hereunto set my hand & affixed the seal of said Court Done at Hanover in said County this 9 th day of July Anno Domini 1832. —
S. P. Webster Clerk