Revolutionary War Pension and Bounty Land Warrant Application File S. 22894, for Abel Marshall, Massachusetts

SERVICE
NUMBER _____
Mess.
Marshall, Abel
NUMBER 1 S. 22894
CONTENTS

21.05 1/2  New Hampshire  Abel Marshall of Coos Co. in the State of New Hampshire who was a Private in the Comp commanded by Captain _____ of the Regt. commanded by Col. Sprout in the Mass. & N. Hamp. line for 6 months
Inscribed on the Roll of New Hampshire. at the rate of 20 Dollars 00 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 th day of Dec: 1833 and due to J. W. Williams Lancaster
  Arrears to the 14th of Apr. '33  $ 50    Semi-ann. allowance ending Apr. '34  10     $ 60  
Revolutionary Claim, Act June 7, 1832.
Recorded by Geo. C. Stiles Clerk Book E. Vol. 9. Page 103

26162 Abel Marshall Declaration
Sara W Williams Lancaster PA
That a record of an order must appear in that a the year to an order to prove his which the record in 1782 in his in

State of New Hampshire
County of Coos On this first day of January A.D. 1833. personally appeared before the Court of Probate now in session for said County of Coos. Abiel Marshall of Columbia in said County of Coos, aged Sixty eight 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 the present session Jan 7 th 1832. That he enlisted into the continental army of the United States in the year 1781 and served in the Second Regiment in the Massachusetts line, under the following officers. said Regiment was commanded by Col James Sproul. Major Hough was in the same Regiment and the Captain in whose Company he served was James Means. and Lieut Whiting & there was no Ensign. he being absent.
That he was born in Chelmsford, in Massachusetts, the 9 th day of September, 1764. He has been informed that there is a record of his age in the town Clerks office in said Chelmsford. That when he enlisted he was residing at said Chelmsford. where he lived until about the year 1797. when he removed to Lime in the County of Grafton and State of New Hampshire, where he remained about three years, when he moved back to Chelmsford aforesaid. where he remained until about 1809. when he again moved to said Lyme and there remained about four years, from thence removed to Orange in said County of Grafton and there remained
about five years, from thence removed to Conway in said Grafton County and remained about five months and from

them removed to Columbia in said County of Coos, where he has been ever since and now resides -
That in the month of April 1781, he voluntarily enlisted at said Chelmsford, as a private in the Continental Army of the United States, and remained at Chelmsford until the month of May 1781, he was ordered repaired to Boston Massachusetts, where he was mustered with the new recruits, under a recruiting continental Lieutenant, whose name he does not recollect, and his rations and remained about six weeks, when he was ordered to Pehokill, which I should think was in the State of New York - where he joined the Company commanded by Capt James Means, on the second day of July A.D. 1781 - said company was attached to said Second Regiment of the Massachusetts line, that how long he remained at Pehokill he cannot recollect, that some time after he retreated with said Regiment to Phillipsburg where he remained a short time, from there retired to Hallowes Hill, where a private of said Regiment was hung for desertion, a short time after which he retired with said Regiment to West Point, where he remained until some time in September 1781, a detachment was ordered to Stony Point of which he was one , he was one, that he went down to Stony Point in a boat, the names of the Officers there he does not recollect - where he remained till the first of February 1782 - when he was ordered to West Point and returned there and was inoculated for the small pox
that he remained at West Point until the first of March 1782, when he was discharged - a substitute by the name of David Chambers of Chelmsford being sent by his father to relieve him - That he enlisted for the term of three years -
That a discharge in writing was given to him, which he gave to one John Minot Representative from said Chelmsford, in 1782, to procure his pay, that said Minot procured his pay in a State note, which he sold, he thinks for two shillings on the Pound - that said discharge has never been returned to him, nor did he ever apply to said Minot for it - that he should think said Minot had been dead twenty years - that the certificate that he returned his gun

from said Minot for the sum of pay. that said Minot procured for him a State note, which he sold. he thinks for two shillings on the Pound. that said discharge has never been returned to him. nor did he ever apply to said Minot for it - that he should think said Minot had been dead twenty years -
He further states that the certificate He further states that he returned his gun. & equipments to Adjutant Stony of said Regiment and said Stony gave him said discharge and also an order to draw rations at Springfield Mass. on his way home - He further states that the certificate of Geo. Benjamin Pease & Capt James Means was presented at the time they purport to have been sworn to. for the purpose of applying for a pension -
He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the Pension Roll of any Agency in any State -
Abel Marshall
Sworn to and subscribed the day & year aforesaid -
Benja Hunking Judge
And the said Court do hereby declare their opinion that the above named person as a revolutionary soldier and served as he states
Benja Hunking Judge Probate We John Morris & Asa Dustin both of Columbia in said County of Coos, hereby certify that we are well acquainted with Abel Marshall who has subscribed and sworn to the above declaration; that we believe him to be sixty eight 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 -
John Morris Asa Dustin
Sworn to and subscribed the day & year aforesaid
Benja Hunking, Judge Probate

Served as he states
Benja Hunking Judge Probate
We John Arnis & Asa Dustin both of Columbia in said County of Coos, hereby certify, that we are well acquainted with Abel Marshall who has subscribed and sworn to the above declaration; that we believe him to be Sixty eight 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 -
John Arnis Asa Dustin
Sworn to and subscribed the day & year aforesaid
Benja Hunking, Judge Probate
I, Leonard W Williams Register of Probate for the County of Coos State of New Hampshire do hereby certify that the foregoing contains the origin- al proceedings of said Court in the matter of the application of Abel Marshall for a Pension and that Benja Hunking is Judge of Probate for said County. In testimony whereof I have hereunto set my hand and seal of office Leonard W Williams Register Probate

26162
Abel Marshall
Private 6 mos.
It having been adm'd recently as- certained that there are rolls of service of the Reg'ts have deposited in the office of E. D. Bangs Esq. Secy of the State of Mass. application must therefore be made to that office for evidence of the claimants service
Frederick W. Williams Esq. Lancaster N.H.

WAR DEPARTMENT,
Pension Office,
Augt 20. 1883
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 subjoined 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 Abel Marshall
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     April 1780 9 Plato Capt Means 68- Witnesses -   1 July 1782 2 d Mass Regt. Chatham May  
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 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 days 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
And the said Court further do hereby declare their opinion that the

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 inquiry 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 declaration, and before the cure, 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 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 _____; 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 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 [j] 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] If a witness cannot be found, the declarant must state the fact, and sent to the War Department, with the declaration.

Commonwealth of Massachusetts.
Secretary's Office, Oct r 1 st 1833.
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 Abel Marshall is borne on a list of men, raised in the County of Middlesex, agreeable to a resolve of Court the 2 d of December 1780. where it appears he enlisted July 31 st 1781. for six months. the said list is signed by Joseph Hoosmer. Superintendent for Middlesex Feb y 11 th 1782.
Edward D. Bangs. Secy
End S.

22 Sept 1880 London John Marshall Esq. F.R.S. Act. Secy Royal Socy Vol. 21, Part 2, p. 202 (Photographed at 1881)

Gen t Lewis Loomis of (Colbrook) D y County of (Coos) State New Hampshire
Rev

Westbrook Jan. 31 st 1833
Sir Agreeably to a request by a Gentleman that Col. d at my house on Sunday the 27 th ult. I Herewith Enclose him to inform you of the Birth and Date of the late James Means Esq. - of Westbrook. James Means died in Westbrook on the 15 th day of October A. D. 1832. Aged 79 Years. Mr. Means was a faithful soldier and officer during the Revolutionary war. He entered the Massachusetts Line as a volunteer in April 1775. At the expiration of eight months he was made an Ensign and went to Lionderega. In 1777 he received a Lieutenants commission and in 1780 was commissioned Capt. He was at the evacuation of New York and in the rear guard with Col. Francis on that occasion. He was likewise at Bunker Hill. He wintered with the troops at Valley Forge - was at the battle of Monmouth - the taking of Stony Point and several other battles. He did not quit the Military Service of the country until the disbanding of the Army. Mr. Means was one of the early settlers of that part of Falmouth which is now Westbrook. possessed of a strong and well informed mind his townsmen soon elected him for their most important trusts; He was many years one of their Selectmen and one of their Board of Assessors. He likewise successively represented his Town in the house of Representatives and then his County in the Senate of the Legislature of

Massachusetts for several years, and by a act of Congress he became a pensioner and rec d a pension from the Government of the U. S. States up until the day of the his death, and finally his character has been high and respected by all his fellow Townsmen, and I hereby certify that the above is the truth as to the character and general reputation of the said James Means of Westbrook. To Gen l Lewis Harris Yours with respect
Isaac Mason } one of the Selectmen of the Town Westbrook

Commonwealth of Massachusetts.
By His Excellency LEVI LINCOLN , Esquire, Governor and Commander in Chief in and over said Commonwealth.
To all whom it may concern :
Know Ye, That Joseph C. Boyd Esq r of Portland, was a Justice of the Peace, on the twenty ninth January, A. D. eighteen hundred and twenty, for the County of Cumberland;
in the said Commonwealth, duly constituted and commission- ed, and that to his Acts and Attestations, as such, full faith and credit are and ought to be given in and out of Court.
In Testimony Whereof, I have caused the Public Seal of the Commonwealth to be hereunto affixed, this eighth day of May A. D. 1833, and in the Fifty Seventh Year of the Independence of the United States of America.
By His Excellency the Governor.
Edward D. Bangs Secretary of the Commonwealth.

I do hereby certify that I commanded a company in the second Massachusetts Regiment in the Revolutionary War, that Abel Marshall now of Coventry in the state of New Hampshire joined the company then commanded, as a soldier engaged for Three Years, he was mustered from the second day of July Seventeen hundred and eighty one, and served as a soldier till David Chambers took his place, the last of February or the first of March, in the year Seventeen hundred and Eighty two James Means
Cumberland Co.
Portland January 29 th 1820
Then the above named James Means to me the subscriber well known as a Gentleman of respectability and to whom testimony full credit is due, and made solemn Oath to the truth of the above declaration by him subscribed Before me —
Joseph Boyd Justice of the Peace
3

Hillsborough State of New Hampshire July 9 th 1819
This may certify to whom it may concern That the within named Disputant General Brim- -mer Bierce is a man of truth and integrity and his testimony is good in any court of Record - That he has been an acting Justice of the Peace in the county of Hillsborough for thirty years or more - and for twenty years has held some of the most important offices in the state of New Hampshire - such as Governor's Council Sheriff of county &c. S. M c N e ill Justice of the Peace
State of New Hampshire Secretary's Office
July 16 th 1819
I hereby certify that Solomon M c Neil Esquire who made and signed the foregoing certificates is a Justice of the Peace within and for the county of Hillsborough in said State duly appointed and commissioned and that to his acts and attestation as such faith and credit are due.
In Testimony whereof I have hereunto set my hand and affixed the public seal of said State on the day of the date hereof
Sam l Sprague Seal

I Benjamin Pierce of Lancaster 98 testify & say that Abel Marshall formerly of Gilmansford in the Common- wealth of Massachusetts now of New Hampshire of the town of Coventry was a soldier in the Revolutionary army in Col. Shrout's Regiment and I think Col. F. Mansfield's Cont. I under stood he enlisted for three years I often saw him in the army about the year 1781 or 1782 I belonged to the same town when at home and was well acquainted with him from his childhood to the present time I did not belong to the same Regiment with him but my acquaintance with that I saw him Bare the least for a year or more
J. D. DILL
Hillsborough J 9 th July 1819
Person who heard the above named Benjamin Pierce and made out of the above deposition by him subscribed before me -
J. MILLER { Justice of the Peace