Revolutionary War Pension and Bounty Land Warrant Application File S. 5058, for Abel Martin, Massachusetts

SERVICE
NUMBER
Mass
Martin, Abel
S. 5058
CONTENTS
carded

15-8-17 @Napaehuneth Abel Martin
of Worcester Co in the State of Massachusetts who was a Private in the Company commanded by Captain May of the Regt commanded by Col Carpenter in the Mass's new line for June.
Inscribed on the Roll of Massachusetts at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of July 1833 and sent to J. Wheeler Worcester
Arrears to the 4th of March 1833 $ 46. 66 Semi-annual allowance ending Sept — 11. 66
$ 58. 32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book C Vol. 2 Page 53

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this fourth day of December , in the year of our Lord, eighteen hundred and thirty two, personally appeared in open Court, before the Court of Probate within and for said County of Worcester, now sitting, Abel Martin a resident of Sutton, in the County of Worcester, and Commonwealth of Massachusetts, aged eighty two 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 act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That he enlisted as a Volunteer, on the nineteenth day of April, 1775, for the term of one month, in a company commanded by Captain Moses Wilenworth, in Col. John Daggett's Regiment, and marched from Attleborough, where he then lived, to Roxbury, near Boston, and was stationed about half the time at the lower meetinghouse, and the other half at Jamaica Plain meetinghouse, both in said Roxbury, keeping guard to prevent the British from going out of Boston; he remained in said service until the seventeenth day of May then next following, when he was regularly dismissed, the eight months men having been enlisted and engaged, who took the place and served instead of him and those who were dismissed with him -
Again, being drafted for that service, he entered the service, in the company commanded by Capt. Eliphaz Dyer  and Lieut. Nathaniel Dyer in Col. Carpenter's Regiment being drafted for the months of October and November, 1776, and accordingly entered said service on the first day of said October, and continued to serve until the first day of December then next following - on entering this service he lived at Attleborough aforesaid, and immediately marched to Narrowsneck in New York State, where he was stationed for some time, and again at New York State, and at other places in said State - and was last at North Castle in said State, where he was dismissed on said first day of December, being regularly discharged - he was within hearing of the battle at White Plains, but about three miles therefrom at the time it took place - on his route from Attleborough to Narrowsneck he marched through Providence, Hartford, & New Haven, &c.
Again, being drafted for three months, in said Attleborough, he entered the service, in a company commanded by Capt. Moses Wilenworth and in Col. John Daggett's Regiment, being the same in which he served his first month in 1775, he entered said service on the first day of March, 1778, and continued therein until his three months had expired, on the first day of June, 1778, when he was regularly dismissed and discharged from said service - on this engagement he marched from said Attleborough to Severton in Rhode Island, to guard against the British from coming off to the mainland and doing mischief, and he there continued during the whole term of his said service -
Again, being engaged as a substitute for a man belonging to Providence, Rhode Island, whose name he does not now remember, he entered the service as a private, in a certain company the names of whose officers of the Regiment he cannot now state, having forgotten them; this service was for two months, for a bounty of ten dollars which the person who was drafted whose place he filled, paid to him, he cannot recollect.
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.
Sworn to and subscribed the day and year aforesaid.
Nathaniel Dyer Judge of Probate for the County of Worcester
Abel Martin

Worcester, ss. December 5. 1832.
We Jonas L. Sibley, a Clergyman residing in the town of Sutton, Esquire, — and Samuel Taylor, — residing in said Sutton, Esquire, — hereby certify that we are well acquainted with Abel Martin, — who has subscribed and sworn to the above declaration, that we believe him to be eighty two years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before me, William Jennison, Justice Peace.
Jonas L. Sibley Samuel Taylor
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Jonas L. Sibley, Esquire, who signed the preceding certificate, is a clergyman, resident in the  are and that Samuel Taylor, Esquire, who has also signed the same is resident in the town of Sutton in said County, and are credible persons, and that their statement is entitled to credit.
NATHL FARNER Judge of Probate for the County of Worcester ss
I Theophilus Wheeler, Register Clerk of the Court of Probate aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Abel Martin, for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand day of
in the year of our Lord eighteen hundred and thirty
this
Abel Martin for a Pension granted by the General Government to him for services rendered in the Revolutionary War
Abel Martin 26.00
Worcester ss. Commonwealth of Massachusetts
I Theophilus Wheeler Register of the Court of Probate for the County of Worcester, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abel Martin for a Pension, and that William Jennison Esq. before whom the above affidavit of Jonas L. Sibley and Samuel Taylor, was made, is a Justice of the Peace in and for the said County of Worcester, duly commissioned and sworn, and that the signature purporting to be his signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Probate Court this sixth day of May in the year of our Lord eighteen hundred and thirty three
Theophilus Wheeler Reg of said Court

(A) the day nor month in which he entered this last service, but it was in the year 1778, and, as nearly as he can recollect, in the months of July, August and September of said year - in which said service was performed - he was driven off with his fellow soldiers, by the British, when they nearly surrounded the Americans; and he was on guard and stationed at Butts' hill, so called, and about five miles from where one of the Americans was hanged by the British - and he was on guard duty, and saw said American hang on the limb of a tree, by the side of the road, the day next before the battle began between the Americans & British in that place, called the Butts hill Battle - He was dismissed soon after this battle, with his companions, and regularly discharged by his commanding officer, not having fully completed his said term of enlistment or engagement, but, as nearly as he can recollect, he served one month under said engagement.
And in answer to the several Interrogatories prescribed by the War Department, the said Abiel Martin states - 1st. That he was born in Attleborough, in Mass ts on the third day of May, 1750 -
2. He has the certificate of the Town clerk of said Attleborough, respecting his birth, by which it appears that there is a record of his birth in the Town Records of said Attleborough. He has no other record or evidence of his age, or birth.
3. He was living in said Attleborough at the time of his entering said service at the several times above mentioned - for the last forty three or four years he has resided in Sutton in said County of Worcester, where he now lives.
4. He has stated in his declaration the manner in which he was called into the service.
5. He cannot state any more particularly than in his declaration above, the names of any of the regular officers who were with the troops where he served, or any further particulars than as above mentioned.
6. He never received any written discharges.
7. He refers to Welcome Whipple, Esq., Jones L. Sibley, Esq., Richard Hewett, and Rev. Job B. Boomer, all of said Sutton, to whom he is known, and who can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution. -

No 26007
Abel Martin Worcester County Massachusetts
Plate 7 M o
J. Wheeler. Worcester Massachusetts.

WAR DEPARTMENT,
Pension Office.
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 subjjoined 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, showing the Service of Abel Martin Worcester County Massachusetts
   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.     Enlisted Apr 1775 — 1 — private Capt Willmarth, Col Daggett 82 years Attleborough Traditionary evidence { Some certificates of service { credible.   Draft. 1776 — 2 — " Capt May, Col Carpenter Massachusetts papers correctly attached —   Draft March 1778 — 3 — " Capt Willmarth, Col Daggett   Sub. 1778 — 2 — " Officers not recalled  
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 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

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 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 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Reorgan ✓
5058
INVALID.
File No. 5058
Abel Martin
Prim Maf Sts
Act: June 14th 1882
Index:—Vol. M , Page 236
[Arrangement of 1870.]

This may certify that we the Subscribers have been acquainted with Mr. Abel Martin of Sutton, who has lived in our vicinity for a number of years, and we can well say that to the best of our knowledge he has sustained a good moral char- acter, and has ever been esteemed as a man of correctness and truth.
Sutton Sept 24 th 1832
Welcom Whipple Richard Hewett Job B. Boomer

Abel Martin Pensioner
Abel M. Recd. 26.00 Widow of this man has been under
J. Edwards Esq Commissioner of Pensions Washington United States

I Dan Willmarth of Attleborough County of Bristol and Commonwealth of Massachusetts being eighty two years of age and being lawfully engaged do testify and say that Abel Martin then of Attleborough Marched to New-York as a soldier with me in the month of October A.D. 1776 and there served under the following Officers viz: Elisha May Capt. David Clapp Lieutenant Nathaniel Bishop Ensign D. Thomas Carpenter Cole there served two months October and November in said year 1776 further more the deponent saith not Dan willmarth
Bristol Is. Attleborough November 1 st 1832
Then appeared the above named Dan Willmarth and made oath that this declaration by him subscribed is just and true before me
Elkanah Briggs Justice of the Peace
I have no doubt but what Abel Martin was at Roxbury with me as a soldier under the command of Capt Moses Willmarth twenty nine days commencing - on the twent nineteenth day of April A.D. 1775 Dan willmarth
Attleborough March 7 th A.D. 1833
I testify that I have been acquainted with the above named Dan Willmarth forty years and due say he is a man of truth and veracity.
Elkanah Briggs Justice of the Peace

Atteborough November 1 st 1832
Dear Sir If you have any recollection of my being with you as a Soldier in the Revolution war at one or more times please to forward your evidence to me by mail Directed to Atteborough East Port Office and you will oblige your humble Servant
I am Sir
M c Abel Martin
I certify that Abel Martin was born in the Town of Atteborough May 3 rd A.D 1750 a true copy from record
November 1 st 1832 Ethanah Briggs Town Clerk

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 Elkanah Briggs Esq is a Justice of the Peace for the County of Bristol;
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, the fourth day of May A. D. 1837 and in the Fifty Seventh Year of the Independence the United States of America.
By His Excellency the Governor.
Edward D. Bangs Secretary of the Commonwealth
81.00
Levi Lincoln