Revolutionary War Pension and Bounty Land Warrant Application File W. 16,428, for Jotham Stearns, New Hampshire

SERVICE
NUMBER
N. H.
Stearns, Jotham or Stearnes, or Starns,
V 16, H 28
CONTENTS
Abigail

Josephus Hanks 18.679 Affidavit Paper N o one
Enoch Darling as Henniker, N Hampshire

I Johan Stars of Goffstown in the County of Hillsborough and State of New Hampshire of lawful age do testify and declare that in the month of June one thousand seven hundred and Eighty I Enlisted into the Company of Major Jason Wait in the Regiment Commanded by Col Henry Dearborn now General being the third Regiment of New Hampshire in the Com- pany which was called Major Wait's Company —
I further testify that I served under said Enlistment for about Eleven months altho my Enlistment spe- -cified only the term of Nine months I was then hon- -orably Discharged by the aforesaid Major Wait and further say not —
Johan Stars
Commonwealth of Massachusetts. Charlestown Middlesex ss. On this twentyth day of July in the year of our lord One thousand Eight hundred and Eigh- -teen personally appeared before me the subscriber a justice of the peace within and for the County and Commonwealth of said and made solemn Oath that the facts by him stated in the foregoing affidavit are all of them true — I also certify that I personally know the above named Johan Stars and know him to be the the same Identical person who signed the foregoing affidavit
John Soley
Justice of the Peace for Middle- -sex County in Massachusetts

18905
New Hampshire Jotham Stearns
of Goffstown in the State of N.H. as a who was a Private in the Com'y commanded by Captain Norris of the Regiment commanded by Colonel Seammels in the N.H. line, for the term of 90 days (1780) on Roll
Inscribed on the Roll of New Hampshire at the rate of 8 Dollars per month, to commence on the 1 of March 1823
Certificate of Pension issued the 16 of Apr. 1823 and sent to Isabella  Darling Esq. Henniker, N.H.
Arrears to 4th of March 1823 $ 1. 3 -
Semi anl. all'ce ending 4th Sptm 1823 48
$ 49. 3
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
March 1. 1823

Rep 30 Jan "44
4770 Concord N.H.
Abigail Stearns widow of Jotham Stearns who was a private N.H. in the N. Hampshire
Inscribed on the Roll at the rate of 31 Dollars 55 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 30 day of January 1841/1 and sent to
Geo. Minot Concord N.H.
[Act of March 3, 1843.]
Recorded in Book A Vol. 1 Page 255

Lotham Stearns

SCHEDULE.
District of Hillsborough ss. State of New Hampshire
On this thirteenth day of February 1823, personally appeared, in open court, (a) being a court of record (b) for the said district, [county, or corporation, as the case may be,] expressly known to me to be the laws of the State of New Hampshire, Jotham Stearns aged Sixty years, resident in Goffstown in said district, [county, or corporation,] who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows: (c) That he enlisted on or about the first day of April A.D. 1780 for nine months into the company of James Norris in the Third N.H. Regiment commanded by Col. Schammell and served the time for which he enlisted and was honorably discharged after serving the state of my original enlistment is 20 July 1818
And I do solemnly swear (on oath, as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. (d)
Real Estate none Jotham Stearns A very few articles of old house furniture appraised at $20.00
Clothing & Bedding excepted My situation is that maker but am not able to work much, I have Wife aged 35 years & three children aged 10, 12 & 13 years who are not capable of much to support the family Sworn to, and declared, on the 13th day of February A.D. 1823
before the Justices of the Court of Sessions in & for the said district County of Hillsborough Jotham Stearns At E. Darling. Clerk
I, Enoch Darling clerk of the Court of Sessions aforesaid do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is twenty dollars and cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 13th day of February 1823
E. Darling Clerk of the Court for the Sessions of Co. Hillsborough

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.—[ Opinion of the Attorney General of the United States. ]
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.

State of New Hampshire } Hillsborough County } set.
I, Andrew Warren Clerk of the Superior Court of Judicature of the County and State aforesaid, do hereby certify that Mace Moulton is an acting Justice of the peace, in and for said County, duly commissioned and qualified; that his commission was dated on the seventeenth day of June 1837, and will expire on the seventeenth day of June 1842, and that his signature above written to the paper hereto annexed is genuine.
Given under my hand and the Seal of said County, this tenth day of June 1839.
A. Warren Clerk

State of New-Hampshire Hillsborough ss. — Towns clerks office at Goffstown December 27 th A. D. 1838 —
Jathaniel Stearns of Goffstown and Abigail Gault of Dunbarton married by me — pr: Cornelius Waters. August twenty fifth day seventeen hundred and eighty five —
I hereby certify that the above is a true copy from the Record of said town of Goffstown of marriages. Births &c except the date which is expressed in fair legible figures as follows August 25 th  A 1785
Attest, Moses Poor, Town Clerk
I Moses Poor above named depose and say I hold the office of town Clerk for the town of Goffstown in County and State aforesaid and that the above is a true extract from the Record of said town with exception above named as certified by me
Moses Poor. Town Clerk
Hillsborough ss December 27 th 1838 Sworn and subscribed —
Before me Moses Moulton justice of the Peace

Declanahon of Shagait Stearns

State of New Hampshire
Hillsborough ss. On the seventh day of January eighteen hundred and thirty nine personally appeared before me Jesse Carr one of the Justices of the Court of Common Pleas for the county of Hillsborough Abigail Stearns an resident of Bedford in the county of Hillsborough and State of New Hampshire aged seventy two years the eighth day of last July; who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7: 1838. "an act granting half pay and pensions to certain widows" that she is the widow of Jonathan Stearns who was a private in the army of the Revolution and was a pensioner under the act of March 18. 1818 said certificate is dated April 16. 1823. She further declares that she was married to the said Jonathan Stearns on the twenty fifth day of August seventeen hundred and eighty five and that her husband the as aforesaid Jonathan Stearns died on the twenty third day of March eighteen hundred and thirty six; that she was not married to him prior to his leaving the service, but that the marriage took place previous to the first of January, nineteen hundred and thirty four viz. at the time above stated
Attest. Mace Moulton
Abigail X Stearns mark
Hillsborough ss. Sworn to and subscribed, on the day and year as above written, before me
Jesse Carr { A Justice of the Court of Common Pleas for Hillsborough County
I hereby certify that the above named Abigail Stearns owing to bodily infirmity is not able to attend Court
Jesse Carr { A Justice of the Court of Common Pleas for Hillsborough County

State of New Hampshire } set. Hillsborough County }
I Andrew Wallace Clerk of the Superior Court of Judicature of the County and State aforesaid, do hereby certify that Jesse Barr is an acting Justice of the Court of Common Pleas, in and for said County duly commissioned and qualified; that his commission was dated on the twenty seventh day of June 1835, and will expire when he shall have attained the age of seventy years, provided he is of good behavior during said term, and that his signatures above written to the paper hereto annexed are genuine.
Given under my hand and the seal of said County, this Tenth day of June 1839.
A. Wallace Clerk

Robert B. Wilkins
Affidavit

I Robert B Wilkins of Concord in the County of Rockingham hom in the State of New Hampshire, depose and say that I was a Lieut in the New Hampshire Line in the Continental revolutionary Army, and was personally and well acquainted with Jonathan Stearns, who enlisted at Amherst N.H. as the then Select Men of S d Amherst certified, and all the said Select Men are dead except one & he is so superannuated that he does not recollect any thing about it, according to the Certificate from said Select Men and a letter that he brought to me from my friends in S d Amherst dated in April I presume he must have enlisted the fore part of April 1780 - he was mustered at West Point the 20 th of June then returned on the rolls for one year but said Stearns was uneasy & said he enlisted at Amherst the fore part of the month of April for nine months only, and I went with him to the Commanding Officer of the Reg t and with the Certificate from S d Select Men & my Letter from my friends, as Stearns and I belonged both to S d Amherst convinced Lt Col Henry Dearborn who commanded the 3 d N Hamp t Reg t at that time, Col Seamans being absent that

That said Stearns Enlisted the fore part of the Month of April for nine months only, and the Col d altered the Muster roll and return and returned S d Stearns for nine months from the fore part of April 1780 he enlisted in the 3 d Company of said 3 d H t Regt P d 3 d H t Regt. was commanded by Col d Colonel Alexander Scamnel the Company was called the Major's Company, it was however Com- manded by Lt d John Clegg. Maj r Morris had been Maj r of S d Regt 2 but left Service at the close of the Campaign of 1779 and Jason Wait was appointed in his stead, I was an Ensign at that time in said Regt 2 and said Stearns continued faithfully to serve as a soldier aforesaid in the Regt 2 aforesaid until some time in January 1781 his discharge expressed that he had served nine months — Robert B Williams
State of New Hampshire } Rockingham ss } Cause No. Jan y 1823 Personally appeared the above named Robert B. Williams, and made solemn oath that the above affidavit by him subscribed is just & true Before me Imae Dawes. P 2 I further certify that the above document is a true and correct copy Imae Dawes Gen l H t 

State of New Hampshire Secretary's Office
January 6 th 1823
I hereby certify that Isaac Dow Esquire whose name is subscribed to the foregoing certificate, is a Justice of the peace within and for the county of Rockingham in said state duly appointed and commissioned, and that to his acts and attestations as such full faith and credit are due.
In Testimony whereof I have hereunto subscribed my name and affixed the public seal of the state on the day of the date hereof
Sam l Grafton Secretary

John Weeks
Deposition

I John Weeks of Concord in the County of Rock- ham in the State of New Hampshire do hereby de- pose and say that I was a private soldier in the army of the Revolution and enlisted under Lieutenant Colonel of the third N. H. Regiment and was well acquainted with Jonathan Stearns and know that he enlisted into the service at Amherst about the first of April in the year 1780 and that he served faithfully until some time in January 1781. I think he was returned as enlisted for one year but when he had served nine months he saw he had served out the time for which he en- listed and he was honorably discharged after serving nine months. He served in Major Waite's Company but I think commanded by Lt. Gen. Sargent in the third New Hampshire Regiment commanded by Henry Dearborn. I further say that the Rev. Jonathan Stearns now in my pre- sence is the identical Jonathan Stearns who performed the above described service
John Weeks
State of New Hampshire Jan. 6, 1822. Rockingham, ss.
Personally appearing the above named John Weeks, made oath that the foregoing affidavit by him subscribed is just and true - before me I certify that the above deponent is a credible and disinterested witness. Isaac Hill, Jr. Pro. Plff Isaac Hill, Jr.

State of New Hampshire Secretary's Office }
January 6 th 1823
I hereby certify that Isaac Hill Esq. whose name is subscribed to the foregoing certificate, is a Justice of the peace within and for the county of Rockingham in said State duly appointed and commissioned and that to his acts and attestations as such faith and credit are due
In Testimony whereof I have hereunto subscribed my name and affixed the public seal of the State on the day of the date hereof
Sam l Sparkhawk Secretary

Fortham Stearns Concord Agency N.H. d. 1836 Act 18 March 1838 when paid
p o t. 4 March 1836
JH
H.H. Mar 17.

Henniker, Feb. 15. 1823
Sir, (1) Enclosed, you will find, Jotham Stearns's declaration & schedule returned - also, Lieut. Robert P. Withers and John Wicks dispositions, proving said Stearns- service; Mr. Stearns apprehends he has fully complied, with all the requisitions in your communication of Dec r . 23. 1822. which accompanies his papers - he wishes his decision as soon as may be and the answer transmitted to my office
Your obed t Servant Enoch Darling Hon. J. C. Calhoun Secy. of War

18,679-11
John Stevens
French Building
Staten Island, N.Y.
Recd Feb: 1852
Hon. J. C. Calhoun Secy of War Washington City

New Hampshire
Abigail Stearns.
widow of Jotham Stearns, Decd: who was a pensioner under the Act of 18 Mar: 1818, and who died on the 23 d March, 1836 — of Hillsboro in the State of N. H. who was a private in the Comp y — commanded by Captain Norris — of the Reg t — commanded by Col: Scamuel in the N. Hampshire line for 9 Months & 11 days —
Inscribed on the Roll of Concord at the rate of 31 — Dollars 55 Cents per annum, to commence on the 1 st day of March, 1836 24 th March, 1836 —
Certificate of Pension issued the 18 th day of June 1839 and sent to Mace Moulton, Piscataquogville, N.H.
Arrears to the 4 th of Mar: 1839 $91.65 Semi-annual allowance ending 11 Sept 15.77
$107.42
{ Act July 7, } { 1838. }
Recorded by Wm Stuart Clerk, Book A Vol. 1 — Page 54

Rev WIDOW, &c.
File No. 16428
Abigail Stearnes widow of Joatham Stearnes Pris Rev War
Act March 3 rd 48
Index: Vol. M , Page 246
[Arrangement of 1870.]

(Concord N.H. Dec 27. 1843)
Friend
I send here with the Declarations of Hannah Fuller & of Abigail Stearns for the benefit of the Pension Act of 1831-3 If they are not correct in form or substance will you please specify wherein - If Satisfactory please forward the Certificate to me
Very Respectfully
G. Minot
Hon J. L. Edwards Commssr of Pensions Washington City -

4524
Abigail Stearns wid of Jonathan N.H.
At July 7 1834 Married 1785 died 23 Mar. 1834
Allowed 9 mo. 14 d. per. $31.55 per ann from 23 Mar 1836 — N.H. line Capt Norris. Secy Scammell
Mrs Moulton Piscataquog village N.H.

State of New Hampshire Office of Secretary of State
Concord Jan y 29-1839
I hereby certify that from the Records in this office it appears that on the 7 th day of Jan y 1839 Jesse Leavitt was duly in commission as a justice of the peace of the county of Hillsborough within & for the county of Hillsborough and that on the 9 th day of Jan y 1839 Jesse Leavitt was duly in commission as a justice of the peace within & for the county of Hillsborough and that on the 27 th day of December 1838 Mary Moulton was duly in commission as a justice of the peace within & for the county of Hillsborough & that their several signatures are true & genuine
In testimony whereof I have hereunto affixed the Seal of said State
Jeremiah D. Dyer Secretary of State

Stearns
Payable semi-annually. The first payment on this Certificate will be made on the 4th of September next, in Portsmouth, by the
President of the United States Branch
Bank.
Recorded in Book 13 vol. 1 page 95 by J. H. Henshaw Clerk. Examined and countersigned by
J. G. Edwards

War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Laws of the United States, of the 18th of March, 1818, May 1 st 1820, & March 1 st 1823,
Jotham Stearns late a Private in the Army of the Revolution, is inscribed on the Pension List, Roll of the New Hampshire Agency, at the rate of eight dollars per month, to commence on the first day of March one thousand eight hundred and twenty three.
GIVEN at the War Office of the United States, this sixteenth day of April one thousand eight hundred and twenty three.
J. Calhoun Secretary of War.

I, Mary Moulton of Bedford in the county of Hillsborough and State of New Hampshire depose and say that I was well acquainted with Jotham Stearns late of Goffstown deceased I married his Daughter he was a pensioner under the act of a March 18. 1818 and died March 23. 1836 I attended his funeral the said Jotham Stearns is the same person mentioned in Abigail Stearns declaration for a pension and that the said Abigail Stearns is the Widow of the said Jotham Stearns and has remained a widow ever since his death
Mary Moulton
Hillsborough S.S. January 9. 1839 Sworn to and subscribed Before me
Jesse Gant Justice of Peace
I hereby certify that Mary Moulton above named possesses a good character and is entitled to full credit
Jesse Gant Justice of Peace
State of New Hampshire } Hillsborough county } set.
I, Andrew Wallace Clerk of the Superior Court of Judicature of the county and state aforesaid, do hereby certify that Jesse Gant is an acting Justice of the peace, in and for said county, duly commissioned and qualified; that his commission was dated on the eleventh day of June 1836, and will expire on the eleventh day of June 1841, and that his signatures above written are genuine.
Given under my hand and the seal of said county, this tenth day of June 1839.
A. Wallace Clerk

5223
Declaration of Abigail Stearns
$31:55 per an
Geo. Minot Concord N. H.

DECLARATION.
In order to obtain the benefits of the Act of Congress of the 3d March, 1843, granting pensions for one year to certain Widows who have received pensions under the Act of July 7, 1838.
STATE OF NEW HAMPSHIRE.
Merrimack ss.
On this fifteenth day of July 1843. Personally appeared before George Minot a Justice of the Peace in and for the County and State aforesaid, Abigail Stearns , a resident of Concord in the County of Merrimack and State aforesaid, aged seventy five years, who being first 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 3d day of March, 1843, granting pensions to widows of persons who served during the Revolutionary War.
That she is the widow of Jotham Stearns who was a private during the Revolution in the
That she was a pensioner under the act of 7th July, 1838, which she received at the rate of Thirty one dollars fifty five cents per annum,
She further declares that she is still a widow.
Sworn to and subscribed on the day and year above written before me
Witness - Helias S. Parker  Abigail Stearns mark
Sworn to subscribed on the day and year above written Before me
Geo. Minot Justice of the Peace
I hereby certify that the above declarant Abigail Stearns is personally known to me & that I believe the foregoing declaration to be true
Geo. Minot Justice of the Peace

State of New Hampshire Merrimack County. } ss.
I Stephen C. Badger clerk of the Superior Court of Judicature of the County and State aforesaid do hereby certify that George Minot is a justice of the Peace in & for said County duly Commissioned and qualified that his Commission was dated on the twenty fourth day of November 1839 and will expire on the twenty fourth day of November 1844 . and that his signatures on the preceding page are genuine.
Given under my hand and the Seal of said County this twenty fourth day of December 1843.
S. C. Badger Clerk