Revolutionary War Pension and Bounty Land Warrant Application File W 15380, for Daniel Stearns, Massachusetts

SERVICE
NUMBER
Mass.
Stearns, Daniel Mary
W15380
CONTENTS

890 Mary Stearns Mass s Oct 7 th 1832

Commonwealth of Massachusetts. Worcester, ss.
I, Charles G. Prentiss, Register of the Court of Probate for the County of Worcester, do certify, that Rev. Mr. Barton is the Judge of said Court, duly commissioned and qualified, and that his signature to the paper hereto annexed is genuine.
I further certify, that William Dinsmore is a Justice of the Peace within and for said County, duly commissioned and qualified, and that his signature to the paper hereto annexed is genuine.
In testimony whereof I do hereunto set my hand and affix the Seal of said Court this fifth day of August one thousand, eight hundred and thirty nine.
Chas. G. Prentiss, Register

Declaration
In order to obtain the benefit of the acts and Resolves of Congress for granting half pay and pensions to certain widows.
Commonwealth of Massachusetts County of Worcester
On this thirteenth day of July in the year of our Lord Eighteen hundred thirty nine, before me, Isaac Boston, Judge of Probate, within and for the County of Worcester, personally appeared Mary Stearns a resident of Worcester in the same county, aged eighty one years in January last, who being duly sworn according to law makes the following declaration in order to obtain the benefit of the acts and resolves of Congress for granting half pay and pensions to certain widows.
That she is the widow of Daniel Stearns late of said Worcester deceased who was a soldier in the army of the revolutionary war and a pensioner of the United States. By reason of the military services of her late husband having been performed previous to her marriage, and by reason of the failure of memory she is unable to state particularly the length and time of his several enlistments. But she believes he served as a private soldier about eight months in 1775 - the whole or nearly the whole of 1776 - five months in 1777 and three months in 1779 and that he was present when Burgoyne surrendered. She said Daniel Stearns was a pensioner of the United States under the act of June 7. 1832 at eighty five dollars per year. The original certificate dated February 1. 1833 signed by Gov. Laps secretary of war and numbered 4993 has been delivered to the agent of the pension office in Boston. All the evidence which could be furnished and a particular statement of the services of said Daniel Stearns, were presented with his application.
She further declares that she was legally married to the said Daniel Stearns in that part of Sutton now Millbury in the said County of Worcester, on the fifteenth day of March seventeen hundred eighty one, by the Rev. Ebenezer Chaplin.

now deceased - that every person who was present at that time with her has since died - and that she has no other evidence than that of the record copy of which is annexed
She said Daniel Stearns her husband, died on the thirtieth day of June now last past in said the vestry
She was not married to him prior to his leaving the service, but the marriage took place previous to that first day of January seventeen hundred and ninety four to wit at the time above stated - and she has not been again married since his decease
Mary Stearns
Subscribed and sworn to before me on the day & year first above written
M. M. Newton fully of the Coast of Pootatuck County.

Daniel Harns of Worcester and Mary Wheelock of Sutton was joined together in Marriage March fifteenth nineteen hundred eighty one by Rev. Mr. Ebenezer Chaplin Pastor of the 2 d Chh in Sutton
A true copy of record with the exception of the date which is expressed on the record in fair legible figures as follows March 15 th 1931
Attest Dan l Kenney Clerk of the Town of Sutton in the County of Worcester and State of Massachusetts. Sutton July 9 th 1839
I Dan l Kenney above named depose and say that I held the office of Clerk in the Town County and State aforesaid and that the above is a true extract from the records of said Sutton with the exception above named as certified by me
Dan l Kenney Clerk of the Town of Sutton Worcester ss July 1839 Sworn to before me
William Lincoln Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston April 26 th 1849
I hereby Certify, That at the date of the annexed attestation Paris Fourtet was a Justice of the Peace for the County of Worcester
in the said Commonwealth, duly commissioned and constituted; 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 hereunto affixed the Seal of the Commonwealth, the date above written.
W. H. Cushing
Secretary of the Commonwealth.

"Daniel Stearns of Munster, and Mary Wheelock of Sutton was joined together in Marriage March fifteenth Seventeen hundred and eighty-one, by Rev. Mr. Ebenezer Chaplin Pastor of the P. Chh in Sutton."
The above is a true extract from the Records of the Town of Sutton, in the county of Worcester, and Commonwealth of Massachusetts, with the exception of the date, which is expressed on the record, in fair legible figures, as follows, March 15 th 1781.
Town Clerk's Office, } Attest, Sutton, April 17 1849. }
Oliver Hall } Town Clerk
I, Oliver Hall, above named, depose and say, that I held the office of Town Clerk, in the county, Town and State aforesaid, and that the above is a true extract from the Records of said Town, with the exception above named, as certified by me. Commonwealth of Massachusetts, } County of Worcester, ss. }
Oliver Hall
} Town Clerk of the said Town of Sutton.
Sworn to, this seventeenth day of April, A.D. 1849, before me.
Lucis Farettillet
} Justice of the Peace.

76 Massachusetts
4993 Massachusetts Daniel Stearns
of Worcester the State of Mass who was a P t of Arty in the company commanded by Captain  of the Reg t commanded by Col Ward in the Mass line for 18 Mos P t of Inf try " " " " Arty
Inscribed on the Roll of Mass. at the rate of 85 Dollars  Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 st day of Feby 1833 and sent from J Davis St of Reps
Arrears to 14th of Sept 1832 $127.50 Semi-ant. allowance ending 14 th March 1833 43.50 $170.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H  Blain Clerk, Book D. Vol. 2 nd Page 98 th

1638
Massachusetts
Mary Stearns
widow of Daniel Stearns
who served in the Revolutionary
war, as a Mass priv of art'y
Inc'd June 153.77
Inscribed on the Roll at the rate of 85 Dollars
Cents per annum; to commence on the 4th day of March, 1848.
Certificate of Pension issued the 28 day of May 1849 and sent to
Geo. M. Root Worcester Mass.
Recorded on Roll of Pensioners under act February 2. 1848, Page 136 Vol. 2

Vol 3 L 221
12m 18 d. interest / 3m
No 10,450
Daniel Stearns
2 Years
18 Mos private of En Glc / r of Artillery
Alm d $85.
Hon.
Mr Davis

BRIEF in the case of  Daniel  William Stearns of the County  of Worcester in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1775 — 8 — Private Gen. Col. Ward, Capt. Fay   "76 July — 5 — ditto Col. Holman, Capt. Gates   " Nov. — 6 — ditto Col. Sawyer, Capt. Baird   "77 July — 5 — do Col. Cushing, Capt. Stabbard   June "88 — 3 — do Capt. Whelny (Col. Whelny)  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Worcester  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

Daniel Stearns.
10.450
Worster County, Massachusetts.

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 fifteenth day of August in the year of our Lord, eighteen hundred and thirty two , personally appeared in open Court, before the Court of Probate in and for the  county of Worcester now sitting, Daniel Stearns , — a resident of Worcester , in the County of Worcester , and Commonwealth of Massachusetts, aged 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 into the army of the United States, in the year 1775, and as nearly as he can recollect the month of April or May of that year, under Capt. Gay, in Col. Ward's Regiment, and Genl. Fellows' Brigade, for the term of eight months - and was discharged at Dorchester, near Boston, about the end of the year 1775, having served for said eight months - that he resided in said Worcester when he so enlisted, and marched through Shrewsbury, Marlboro', Watertown, &c. to Cambridge, and thence to Dorchester where he served out his said term -
In July, 1776, he again enlisted into said service, under Capt. Wm Yates, in Col. Holman's Regiment, and served for five months, the term of his enlistment, and was discharged at the end of said term in November, 1776, near New York City - having resided in said Worcester when he so enlisted, and marched thro' Hartford and New Haven, where we took water, and passed over to New York City, and thence to the White Plains, where, and in that vicinity, he served out his said term -
In November, 1776, immediately after his return home, he again enlisted into said service, in a company of Artillery, under command of Capt. Baird, of said Worcester, Lieut. White, Bell, Dalles, under Col. Dummer, as I think, for the term of six months - and continued in said service till I was discharged or dismissed, at the end of my term of service, in May 1777, at Dorchester point, near Boston - that I resided in said Worcester when I entered said service, and marched on the old Boston road to Boston, where he was on duty about six weeks, and then removed to Dorchester point aforesaid, where I was stationed during the remainder of my term of enlistment - and was then dismissed, or discharged, by a general order of our commanding officer -
In July, 1777, he again enlisted into said service, under Capt. Hubbard, in Col. Cushing's Regiment, and served for five months, the term of his enlistment, and was discharged at the end of said term, in December 1777, at the White Plains in New York - having resided
(A) 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.
Daniel Stearns Before Nathl Paine Judge of Probate For the county of Worcester

Worcester, fs.
We the undersigned, a majority of the judges of the Court of Probate for the County of Worcester, do hereby certify that the application of Daniel Stearns, who has subscribed and sworn to the above declaration, that we believe him to be seventy five 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, believing his claim to be just and meritorious. Sworn and subscribed this day and year aforesaid.
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 the proceedings aforesaid, are a true copy of the original proceedings, and that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Stearns for a pension.
Nathl Gaine Judge of Probate for the County of Worcester -
I Theophilus Wheeler, Register 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 Daniel Stearns for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this thirteenth day of September in the year of our Lord eighteen hundred and thirty two -
Theoph o Wheeler Reg r of the Court of Probate for the County of Worcester in Massachusetts -

I, William Stearns of Worcester, in the County of Worcester, and Commonwealth of Massachusetts, aged eighty seven years, testify and say that I was engaged in the War of the Revolution in the Company of Capt. Gay, in Col. Ward's Regiment, from the month of April 1775, for the term of eight months, and was discharged at Dorchester, in December 1775. That Daniel Stearns of said Worcester, was in the same company with me, and served during said eight months, having enlisted at the same time that I did, and was discharged when I was.
I further testify and say that I again enlisted into said service, in the company commanded by Capt. Saml. Hubbard in Col. Dettl's Regiment, about the month of August 1777, for three months, and was at Still Water, and left there a short time before Burgoyne's army surrendered, on account of sickness of Lieut. Holbrook of said Company - that Daniel Stearns above named was in said Company whilst I was there, he having enlisted for five months, as I think; and from my being his brother, and knowing about his enlisting, and his return home from the army, I have no doubt that he served five months in that season, according to his said enlistment, and engagement in the War of the Revolution.
And I furthermore testify and say, that I am knowing to said Daniel Stearns' having enlisted into said service, and being engaged therein in the summer of 1776, and fall, and winter succeeding; and also in the Spring of 1777; and that he was drafted into the service in the summer of 1778, and have no doubt that he was engaged in service the length of time by him stated in his declaration - And that I testified to the above facts, generally, on said Daniel's application for a pension, in 1818, which was not granted, on account of his not having been in service 9 months at any one enlistment, as I have understood by the return from the War Department. The reason of my believing said Daniel's declaration to be true, in relation to those services in which I was not engaged with him is, that I am his brother, and was knowing to most, if not all, his said enlistments, when they were made, and know that he went from home, and, as was understood by the family, for the purpose of fulfilling the terms of his said engagements, in the War of the Revolution.
Witness W. Garrison.
William Stearns Mark
Turn over

Worcester, ss. August 30. 1832. Then the within named William Stearns personally appeared, and made oath to the truth of the within Deposition by him subscribed, with his mark - And I certify that he is a man of truth, and entitled to credit as a witness, in my opinion.
William Jennings, Justice of the peace.

Where, and in what year, were you born?
Answer. In Worcester, Mass ts on the 21 st of January, 1757.
Have you any record of your age?
Answer. I have no other record, than what is contained in a leaf of my Bible, which is in the house where I live. Where were you living when called into service; where have you lived since the revolutionary war, and where do you now live?
Ans r . I was living in Worcester, Mass ts when I enlisted in each and every of the services aforesaid - and have ever since the War lived in said Worcester, excepting when occasionally out on service as a hired man, and I now live in said Worcester.
How were you called into service, were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
Answer - I went as a Volunteer, excepting the last time, when I was drafted, viz. in June, 1778. —
State the names of some of the regular officers who were with the troops where you served; such continental and regiments militia as you can recollect, and the general circumstances of your service.
Ans r . The answer to this is contained in the foregoing declaration by me subscribed, as particularly as I can now state the same.
Did you ever receive a discharge from the service; and if so, by whom was it given, and what has become of it?
Ans r . Yes. I have received several, but none of them are now in my possession, and are supposed to be lost - and I cannot state by whom any one of them was signed, with certainty. —
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.
Ans r . Deacon Nath l Stone - The Hon. Nath l Paine, Captain Simeon Duncan, and others, all of Worcester.
(A)

in said Worcester when he so enlisted, and marched thro' Hadley, Northampton, &c. on to White Creek, tarried there one night, then went on to Still Water, and finally to the White Plains, where he completed his term of service.
In June, 1778, he was drafted into said service, and served in the company under Capt. Joshua Whitney, in Col. Whitney's Regiment, for three months, being the term for which he was drafted, and was then discharged in September, 1778, at a place near Providence, Rhode Island, having resided in said Worcester when he entered said service, and marched through Mendon, Tiverton, &c. to Providence, and was discharged in or near Bristol ferry. That he was honorably dismissed or discharged, after each term of service, in like manner with other soldiers in the same service. - Having served for twenty seven months in the whole. - That he was present when Burgoyne's army surrendered, and was engaged in several scouting parties, during said service.
See answers to Interrogatories on the other side of this paper.
He the said Daniel Stearns has no documentary evidence of his said services, but relies on the accompanying Depositions, to corroborate his statement, his certificate of discharge having been lost by time and accident. -
Daniel Stearns.

Rev WIDOW, &c.
File No. 15380
Mary Stearns
Widow of
Daniel Stearns
Priv. Rev. War
Act: Feb. 2 nd 1878
Index:—Vol. M , Page 245
[Arrangement of 1870.]

Commonwealth of Massachusetts County of Worcester
On this thirty first day of May in the year eighteen hundred and forty three personally appeared before the Court of Probate for said County of Worcester, Mary Stearns a resident of Worcester in said County aged eighty five years who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the pension made by the Acts of Congress passed July 7. 1838 and the 22 d of Au- gust 1846, granting pensions to wid- ows of persons who served during the Revolutionary war. That she is the widow of Daniel Stearns who was a private soldier in the Company of the Needham and Swansea, so far as she is able to state, as follows, to wit: She lives in Grafton a town adjoining Worcester at the time the said Daniel Stearns went into the service, and she then knew him, and knew that he went into the eight months service at Boston. She also knew that he made some other kind of services, but she cannot state them as of her own knowl- edge. She said husband always said he was out in the shade, between two and three years, and he was a pensioner at eighty five dollars a year, but for the evidence & particulars of his services she must refer to the papers in his case.

She has heard him say that he was at New York, the prison, Rhododendron, the battalion of Burgoyne some other places. She also declares that she was mar- ried to the same Daniel Stearns on the fifteenth day of March in the year seventeen hundred and eighty seven. That she first met the aforesaid Daniel Stearns here on the first day of July in the year eighteen hundred and thirty nine. But she was not mar- ried to him until he had leaving the service that the marriage took place previous to the first of January seventeen hundred and before which the said Daniel She further declares that the said Daniel Stearns since his decease has been dead, but is now six years old.
Given to our daughter Mary Stearns M rs M. B. Stearns of the Court of Probate
[Faint, illegible text at the bottom of the page]

Polly W. Stearns James of Worcester in the county of Worcester do hereby declare say that I am the daughter of the late Daniel Stearns and Mary Stearns his wife. My said father died on the first day of July in the year of our Lord one thousand eight hundred and thirty nine; my said mother now survives him and has never been married since his death. Polly W Stearns
Commonwealth of Massachusetts
Wednesday May 31. 1843 sworn to by said deponent, who is a person of truth, the words "Mary" & "James" being first read and, the words "Polly W." interlined
Before me
Wm. M. Barton J. Pub.

Commonwealth of Massachusetts. Worcester ss.
I Charles G. Prentiss Register of the Court of Probate for said County of Worcester, do certify, that Rev Mr. Burton is the Judge of said Court, duly commissioned and qualified - and that his signature to the papers hereto annexed are genuine.
In testimony whereof I do hereunto set my hand and the seal of said Court this thirty first day of May, one thousand, eight hundred and forty three.
Chas. G. Prentiss, Register

Commonwealth of Massachusetts.
Secretary's Office, May 30 th 1843.
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 Daniel Sternes is found in the "8 Month Service" on a Return of the Commissioned and Staff Officers, non-commissioned officers and private men in Capt. Josiah Fay's Company, in the 32 nd Regiment Commanded by Colonel Jonathan Ward, as having enlisted from Worcester.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Isaac A. Bolles Secretary of the Commonwealth.

I, Paul Gates, of Worcester, Massachusetts, aged 74 years, testify and say, that I was a soldier in the War of the Revolution, and enlisted in July, 1776, in the company commanded by Capt. W m Gates, in Col. Holman's Regiment, and served for five months, the period of my enlistment - and was discharged in November, 1776, near New York city. - I lived in said Worcester, when I so enlisted; and I further say that Daniel Stearns of said Worcester, enlisted into the same company, and at the same time, with me, and served in the same company for said term of five months, when he was discharged with me, and returned home with me to said Worcester - I was at that time, well acquainted with him, and have continued so to the present time.
Paul Gates
Worcester, ss. September 5. 1832. -
Then the above named Paul Gates, to me well known, and a man of veracity, personally appeared, and made oath to the truth of the foregoing Deposition by him signed -
Before me, William Garrison, Justice of the Peace
Commonwealth of Massachusetts.
Worcester, ss. I, Abijah Bigelow, clerk of the Judicial Courts in and for the County of Worcester, do certify, that William Garrison, Esquire, before whom the annexed Depositions of Paul Gates, Isaac Bradwick, Samuel Leland, William Johnson, Simeon Duncan, and William Stearns, were signed and sworn to, is a Justice of the Peace within and for said County of Worcester - and that his signature to the certificates of the oaths of said Deponents appears to be in his own proper hand writing.
In testimony whereof, I have hereunto set my hand, and affixed the County Seal, this thirteenth day of September, in the year of our Lord one thousand eight hundred and thirty two.
Abijah Bigelow, Clerk

I, Isaac Chadwick, of Worcester in the County of Worces- ter and Commonwealth of Massachusetts, aged seventy three years, do testify and say that I enlisted for the term of three months, in the army of the Revolution, on the continental establishment, about the month of August, 1777, under the command of Capt. Samuel Hubbard, in Col. Seth Cushing's Regi- ment - that I enlisted in this town, and served for said period of three months in said company, and was discharged at the end of my said service, at a place called Scarsdale, near the White Plains, in the State of New York - that I was present at the surren- der of Burgoyne and his Army, on the 17th of October 1777, - And I further testify and say that Daniel Stearns of said Worcester, enlisted at the same time with me, into the same company, and served in said company, during the whole term that I did, as above stated, and was also at the surrender of said Burgoyne and his Army; and said Stearns was discharged at the same time that I was, and returned home to said Worcester, in company with me.
That previous to this enlistment, say in the latter part of May, or early part of June, 1777, we engaged in and did duty in said war service, having been drafted in a case of alarm, to serve for that length of time - said Stearns and myself were in the same company, engaged in the service at Worcester, went up to Bennington, and thence to a place called Manchester, Vermont, to aid in guarding towns in those regions from the attacks of Burgoyne's Army, and having performed our service according to our engagement, we were dismissed, and returned home to Worcester - and were immediately engaged in the service again, by our enlistment as first above stated; whereby said services have frequently been called one and the same enlistment, as a five months service, that being the term which we actually served.
Witness, M c Ginnison.
Isaac
his mark Chadwick
Worcester, 1 st August 10. 1832. Then the above named David Chadwick (a person of of truth as I believe) personally appeared, and made oath to the truth of the foregoing Deposition, Before me, William Garrison, Justice of the peace

I, Samuel Leland of Lypton, Worcester County, State of Massachusetts, aged seventy seven years, testify and say, that in the month of November, 1776, I enlisted, in the town of Worcester, Mass ts into the service of the United States, in the War of the Revolution, and joined the company commanded by Capt. Baird of said Worcester, Lieut. White, Lieut. Bell, Hales, under Col. Sawyer, as I think, it being a company of Artillery, for the term of six months, and continued in said service till I was regularly dismissed or discharged, in the month of May, 1777, at Dorchester point -
And I will recollect that Daniel Stearns of said Worcester, enlisted at the same time with me, and into the same company, for the same period of service - we marched immediately after our enlistment to Boston, where we were on duty about six weeks, and then we removed to said Dorchester point, where we were stationed during the remainder of our term of enlistment - said Stearns was in said company all the time that I was, and we were discharged or dismissed, at the end of our said six months service, under a general order of our commanding officer.
Worcester, J. August 14. 1832.
Samuel Leland.
Then the above named Samuel Leland personally appeared, and made oath to the truth of the foregoing Deposition, by him signed. And I further certify my opinion that he is a man of veracity, and entitled to credit as a witness.
William Ferriss, Justice of the peace.

I, William Johnson, of Worcester, in the County of Worcester, and Commonwealth of Massachusetts, aged seventy one years, testify and say, that I was a soldier in the War of the Revolution, and was in the service at Tiverton & vicinity, in Rhode Island, under Capt. Dand Gilbert, in Col. Whitney's Regiment, being drafted for six weeks, and whilst in the service there, was well acquainted with Daniel Stearns of said Worcester, who was also a soldier in the same service; he belonged to Capt. Joshua Whitney's Company, in the same Regiment to which I belonged - this was in August and September in the year one thousand seven hundred and seventy eight. Said Whitney was from said Worcester, where I was born, and I frequently saw him whilst I was in said service, and he was at the same time in said service, and from my recollection of our services at that period, I have no doubt said Stearns was actually engaged for the full term of three months, being the time for which he was drafted to serve, as I understood.
William Johnson
Worcester, ss.
September 12, 1832. Then the above named William Johnson personally appeared, and made oath to the truth of the foregoing Deposition, by him signed. And I certify my belief that the Deponent is a man of truth, and entitled to credit as a witness.
William Garrison, Justice of the Peace.

I, Simeon Duncan of Worcester, in the county of Worcester, and Commonwealth of Massachusetts, aged seventy six years, testify and say, that I was a soldier in the War of the Revolution, having enlisted in July, 1776, for five months, into a company commanded by Capt Wm Lytes, and served for that term, having gone in the expedition to New York, and was stationed at White Plains and that vicinity until I was discharged at the end of said five months. And I testify and say, that Daniel Stearns , of said Worcester, was a soldier in the same company with me, and did duty therein for the same length of time, having enlisted with me for said five months.
I also testify and say, that in the summer of 1777, about the month of August, I again entered the service for three months, under Capt. Hubbard, in Col. Cushing's Regiment, and was at Still Water, and in that vicinity; and that said Daniel Stearns was also a soldier in the same company with me, and was in said service during the time that I was there.
Simeon Duncan
Worcester, fs. September 12. 1832: Then the above named Simeon Duncan, to me well known, and a man of veracity, personally appeared, and made oath to the truth of the foregoing Deposition, by him subscribed.
Before me, William Garrison, Justice of the Peace

Mary Stearns
1638-48

Declaration. In order to obtain the benefit of the Act of Congress, of the 7 th July, 1838. entitled "An act granting half pay and pensions to certain widows." - The Act of Congress of the 3 d . March, 1843. granting one year's Pension to certain Widows. - The Act of Congress of the 17 th June, 1844. granting four years additional Pension to certain Widows; - and the Act of Congress of 2 d . February, 1848. entitled, "An Act making further provision for surviving Widows and Soldiers of the Revolution," and the joint Resolution approved July 1. 1848.
Commonwealth of Massachusetts.
Worcester County, ss. On this twenty-fourth day of March A.D. 1849. Personally appeared before the subscriber, Judge of the Court of Probate within and for said County of Worcester, Mary Stearns, a resident of Worcester, in said County of Worcester, aged ninety-one years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the Act of Congress of the 7 th July, 1838. entitled, "An Act granting half pay and pensions to certain Widows." - The Act of Congress of the 3 d . March, 1843. granting one year's pension to certain Widows; - The Act of Congress of the 17 th June 1844. granting four years additional Pension to certain Widows; - And the Act of Congress of 2 d . February, 1848. entitled, "An Act making further provision for surviving Widows and Soldiers of the Revolution." That she is the widow of Francis Stearns, who was a private of Artillery in the Revolutionary War, and who was a Pensioner of the United States at the time of his death.
She further declares that she was married to the said

Daniel Stearns on the fifteenth day of March, in the year Seventeen hundred and eighty-one, and that her husband, the aforesaid Daniel Stearns, died on the first day of July, in the year eighteen hundred and thirty-nine; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and ninety-four, viz; at the time above stated.
She further declares that her husband, the aforesaid Daniel Stearns was, at the time of his death, a Pensioner of the United States, at the rate of Eighty-five Dollars per annum, on account of his services in the Revolutionary War; and for proof of which services, reference is had to the evidence by him produced, and upon which he was pensioned.
She further declares, that she has received a Pension from the United States under the aforesaid Acts of Congress, of July 7, 1838, March 3, 1843, and June 17, 1844, at the rate of fifty five Dollars and seventy-seven cents per annum, and that she is now such Pensioner, and at the rate per annum, aforesaid, under the Act of Congress of the 2 d February, 1848. Her certificate for which bears date the 31 st day of August A.D. 1848. No. 1638. And she further declares, that she is still the widow of the said Daniel Stearns; and she makes this declaration in order that she may be now placed on the Pension list at the same rate that her said husband received to wit; Eighty- five Dollars per annum, in accordance with the provisions of the several Acts of Congress, applicable to her case; and that she may receive the last pay or arrear, to which she is entitled by virtue of said

Several Acts of Congress, to wit; the sum of Twenty-five Dollars and twenty-three Cents per annum, during the time she has received a portion as aforesaid.
Attest Geo. M. Prentiss, } Mary X Stevens mark.
Sworn and subscribed on the day and year above written before me.
Thos Kimball, Judge of Probate
And I certify that the foregoing Declaration was now made in open court, the Declarant being prevented by age and bodily infirmity from attending personally in court.
Thos Kimball, J.P.
Commonwealth of Massachusetts.
Worcester, ss. D. Charles G. Prentiss, Register of the Court of Probate in and for the said County of Worcester, do certify that Thomas Kimball, Esquire, is the Judge of said Court, duly commissioned and qualified, and that his signature above written, are genuine.
In testimony whereof, I do hereunto set my hand, and the Seal of said Court, at Worcester, this twentyfourth day of March, in the year of our Lord one thousand eight hundred and forty-nine.
David G. Prentiss, Register.

Mary Stearns. 5/1/38
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

Commonwealth of Massachusetts
Worcester County ss.
On this twenty eighth day of March in the year of our Lord one thousand eight hundred and forty four, personally appeared before me Issac M. Battell, a justice of the Peace within and for said County of Worcester, Mary Stearns, a resident of Worcester in said County of Worcester aye eight 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 provisions made by the act of Congress passed on the 3 d of March 1831, granting pensions to widows of persons who served during the Revolutionary war.
That she is the widow of Amos Stearns who was a private of Artillery in the Army of the Revolution, since as set forth in his application for a pension under the act of Congress passed June 7 th . 1832, came in her application for a pension under the

Act of July 7 th 1838, which was granted to her, at the rate of fifty five dollars and seventy seven cents per annum.
I further declare that she is still a widow.
Mary G. G. G.
I swear to have subscribed on the day above your first line written, before me, and I further certify that the same decedent is personally known to me.
Wm M. Balboun for. Pierce

Commonwealth of Massachusetts.
WORCESTER COUNTY, ss.
I, JOSEPH G. KENDALL, Clerk of the Judicial Courts for the County and Commonwealth aforesaid, do hereby certify, That Saml M. Barton, Esquire, — — —
— — is a Justice of the Peace in and for said County, duly commissioned and qualified; and that his signature to the certificate, on the deposition of  Declaration of Mary Stearns, and the Deposition of Polly M. Stearns, — hereunto annexed, is genuine.
Given under my hand, and the Seal of said County, this twenty ninth day of March, in the year one thousand eight hundred and forty four,
Joseph G. Kendall Clerk

Polly W. Stearns
of the town of of Leicester in the County of Worcester do affirm and say that I am the daughter of the late Daniel Stearns of said town deceased. My father died on the twentieth day of June A.D. 1939, and my sister Martha has since been married since his death.
Polly W Stearns
Commonwealth of Massachusetts Leicester ss. March 28. 1944. I swear to by sworn deponent who is a person of truth, the attention in her answer being first sworn.
Before me
John M. Brattleton Just Peace

Mary Stearns -
ad 1936
admitted
Geo. M. Reutins Worcester Mass
B.55.78

Declaration.
In order to obtain the benefits of the act of Congress of 2 d February, 1848. entitled, "An Act Making further provision for surviving Widows and Soldiers of the Revolution"
Commonwealth of Massachusetts? Worcester County. } ss.
On this fourth day of August A.D. 1848. personally appeared before the subscriber a Justice of the Peace, in and for the County aforesaid, Mary Stearns, a resident of Worcester, in the County of Worcester aforesaid, aged Ninety years, 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 on the 2 d February, 1848. granting pensions to Widows of persons who served during the Revolutionary War.
That she is the widow of Daniel Stearns. — who was a resident of Worcester in the County aforesaid, and who was a Private in the Revolution; and is the identical person who drew a Pension under the act of 17 th June 1842. on account of her Revolutionary service of her late husband aforesaid at the rate of Fifty-five Dollars and Seventy-eight cents per annum;

She further declares that she is still a widow.
Sworn to and subscribed on the day and year above. written
May Stevens
In presence of Polly Stevens Geo. M. Prentiss, Before me.
Geo. M. Prentiss, { Justice of the Peace
I certify that the Declarant is personally known to me; a widow and a Pensioner as she declares.
Geo. M. Prentiss, Justice of the Peace.

June 2 nd 1843.
Miss Abigail Ditch
Mary Stearns
FREE
Edward Payson Commission of Pensions Washington D.C.

Concord, Mass. May 31. 1843
Dear Sir,
Enclosed is another duplicate of Mary Stearns for a pension under Acts of July 7. '38 and Aug. 23 '42, agreeably to your request, communicated by your letter of the 19th. inst. I also herewith send you the Certificate of our Sunday of State, showing eight months service of Applicant's husband, which the Sunday informs me is all that appears from the rolls in his department. The residue of the services I suppose were Continental, & no doubt, appear from evidence in your department, and particularly from the papers in the case of Applicant's husband, who was a pensioner under the Act of June 7. 1832 at the rate of $85.00 per annum. Please let the Certificate be forwarded to me.
I am Respectfully Yours
for M. Ballou

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Daniel Stearns which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.
 EXPLANATORY NOTES.
* QUERE V. 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."

5907
apl 19. 1843
msf
July 17 1838
Main Steam.
Daniel
Edward Lakin
Commissioner of Pensions Washington D.C.

Leicester, Mass. April 17 th 1843
J. D. Edwards Esq r
Sir,
The enclosed declaration of Mary Stearns for a pension under the Act of July 1838, was drawn by William Lincoln Esq r of this town, and I understand has not been forwarded to your department from an apprehension that it did not fore- sent a case within some Act. But under that Act, as explained and amended by the Act and Resolution of August 1842, we respectfully ask an examination of the case, believing it is there provided for. The Certificate may be forwarded to me.
Yours Respectfully &c.
Sara M. Branton

Polly W. Stearns of Worcester in the County of Worcester and State of Mas- sachusetts do affirm and say that I am the daughter of Daniel Stearns late of said Worcester, a prisoner of the United States, and of Mary Stearns his widow. Since my said mother made her declaration for the benefit of the pension law of July 1838 She has resided with me, and we have not urged the consideration of the same from a supposition that her case did not come within the Acts of Congress in that behalf. But my mother still surviving and remaining a widow, and an explanatory resolution having been passed by Congress, favoring her claim, her application is now forwarded for the consideration of the department. Polly W Stearns.
Commonwealth of Massachusetts Worcester ss. April 17 th 1843. I swear to by said deponent who is a prisoner of truth
Before me M. M. Batchelder Judge. Public for said County

Washington Sep. 25. 1843
Sir
Agreeably to your letter of the 9 th inst. in the case of Sarah Whitcomb of Penn a an applicant for the act. 1638. I wrote to the Compt. of Pen. Bk requesting an examination to be made of the services of John Whitcomb for the term of five months under Capt. Nichols of Col. Willets reg t in 1783.
I am informed by the Compt. that the alleged service in Capt. Nichols of Willets reg t does not appear. There appears service of a John Whitcomb private of Capt. Sam l Williams company Col. Graham reg t in 1780. If said Whitcomb has heretofore such service in his declaration a certificate will be furnished. Otherwise be pleased to have a certificate issued for the widow for the satisfactory service filed in the case.
I see by reference to the pension books that John Whitcomb is represented to have served in the Connecticut line.
I remain Your most resp t Alex. Day
A. L. Edwards Esq. Com r of Pensions

July 14 1849
Adm l T. C. M c Kean
M c Kean
Brook Washington D. C.
L. Richards Esq re
Commissary of Pensions
Aug 14 1849

Concord Aug. 11. 1885
Sir
I enclose to you the Supplementary Certificate of our Sunday S. State.
The towns in Capt. Davis's company and also the towns in 1878. I trust are sufficiently verified by the evidence in the case of Daniel Stearns. Application for guidance, compensation or pension will be allowed hereunder. Please let the Certificate be forwarded to me
Very Respectfully
W. M. Walton

Commonwealth of Massachusetts.
Secretary's Office, August 1843
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 Daniel Hearn, is found upon the pay roll of Capt. Saml. H. Hildreth's Col. 1st Berkshire Regiment as a private from Aug 18 th to Dec 2 1777 "3 mos 22 days" There are not any rolls of Capt. Hearn in Col. Hays's Regiment in the office.
Supplementary.
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this

Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application and the certificate above set forth, contain all the facts and circumstances which tend to satisfy me of the identity of the party described in the application with the individual who rendered the service.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Jno. A. Bolles Secretary of the Commonwealth.
Hon. Ira M. Barton Worcester

Many Steam.
Rev. J. G. H.

Commonwealth of Massachusetts.
WORCESTER, ss.
I, Charles G. Prentiss , Register of the Court of Probate for the County of Worcester, do hereby certify, that satisfactory evidence has been exhibited to said Court, that Daniel Stearns was a Pensioner of the United States at the rate of Eighty-five dollars per annum;
was a resident of the County of Worcester, in the Commonwealth of Massachusetts, and died in Worcester, in said County, in the year one thousand eight hundred and Eighty-nine on the first day of July.
that he left a widow, whose name is Mary Stearns, and who is still living in said Worcester.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Worcester, this twenty-fourth day of March, in the year of our Lord, one thousand eight hundred and forty-nine.
Chas. G. Prentiss, Register.

8907.
Mary Stearns
Mass ts
Act 7 th July '38
Admitted
16 mo. 22 days
Pris
$55.77 per an.
Eva M. Barton Esq. Worcester Mass

Private Office, Master, Mass.
May 21. 1849.
James L. Edwards, Esq. Comr of Pensions.
Sir,
Your favor of 15 th May in relation to the case of Mary Stearns, was duly received, and I now enclose her Certificate under the Act of Feb. 2. 1848. as you direct; and hope soon to hear from you again.
Very respectfully,
Your obedt Servt.
Geo. M. Prentiss.
Allow me also, to tender my thanks for the copy of Pension Laws &c. which came duly to hand.
Geo. M. Prentiss,

Probate Office, Worcester Mass,
May 9, 1849,
J. L. Edwards Esq.
Com r of Pensions
Dear Sir,
I enclose declaration of the Guardian of Abigail Knowlton for continuance of Pension under Act of Feb. 2. 1848. Also declaration of Mary Stearns , in order to obtain back pay, to which she appears to be entitled. In about a week I hope to receive certificates in these cases.
I see by the Intelligencer that a new publication of the Pension Acts, Rules & Regulations etc has been made and that copies can be obtained by applying to the Department.
Being frequently called upon to attend to Pension Business, and being desirous to do such business in a proper manner, I venture to request you to forward me a copy as soon as you conveniently can.
Respectfully,
Your Obedt Servt.
Geo. M. Merrill

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Mary Stearns. widow of Daniel Stearns. who was a Priv of Artillery in the revolutionary war, is inscribed on the pension list at the rate of fifty five dollars and Seventy Seven cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the War Office of the United States this 31st day of August one thousand eight hundred and forty eight.
W. L. Marcy
Secretary of War.
Examined and Countersigned.
J. S. Edwards Commissioner of Pensions. By H. S. Evans

1108907 Mary Stearns Mass
Suspended.
Let to Ira M. Parton May 19. 43 " " " " " July 21. "
over 7 th July 1838.

5638
Oct 1 1841
Mass Mar 3 rd 1843. Mary Stevey

Concord Mass. March 27. 1861
Dear Sir
Enclosed you will receive the duties of Mary Stearns for a premium under the Act of March 3, '43. Let her receipt be forwarded to me.
Very Respectfully
Wm. M. Brown

Hon. Charles Hudson
Washington
D. C.

Worchester Feby. 17 th 1844.
Dear Sir,
I wish to return to the Pension Office, through your hands, the pension Certificate of the widow Mary Stearns, for Corruptions and redressment. Her husband was a pensioner at the rate of $85.00 per annum; - the department have continued her, as you will perceive, to $55.77. She respectfully asks a revision of her case, since an enlargement of her pension to an equality with that of her husband's, believing she is justly entitled thereto. She is quite poor, since Stearns in immediate need of her money. But she declines receiving herself of the Pension Office here, till her case can be revised, since, as she trusts, justice be done to her.
Very truly & Respectfully
J. M. Barton

7761.
Letter to Hon. C. Hudson } 29 Feb. 1844 }
Massachusetts
Rep Oct 10
Mary Hearn, widow of Daniel Hearn,
who was a pensioner under the Act of 1832 and who died on the 30th June 1839, of Worcester in the State of Mass. who was a Private in the Company commanded by Captain _____ of the Regt commanded by Col. Ward in the Mass. line for 16 mo & 22 days
Inscribed on the Roll of Mass. at the rate of 55 Dollars & 77 Cents per annum, to commence on the 14th day of March, 1836.
Certificate of Pension issued the 10th day of Oct. 1842 and sent to Ira M. Barton Worcester, Mass.
Whole amount due $ 278.85
[Act July 7, 1838.]
Recorded by Thos. Humphreys, Clerk. Book A Vol. 1 Page 132

7761.
Massachusetts.
Mary Stearns
Widow of Daniel who was a pensioner under the Act of 32 and who died on the 30 June 1839 of Worcester the State of Mass who was a private in the Company commanded by Captain _____ of the Regt. commanded by Col. Ward in the Mass line for
Inscribed on the Roll of Boston at the rate of 85 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Recd. from $5547
Certificate of Pension issued the 28 day of May 1849 and sent to G. M. Brewster Worcester Mass
Total amount, $
[Act July 7, 1838.]
Recorded by G. M. Brewster Clerk, Book D Vol. 1 Page 61

Reported
5236
Massachusetts
Mary Stearns widow of David Stearns who was a Private of Artillery in the Revolution
Inscribed on the Roll at the rate of 55 Dollars 77 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 7th day of April 1844 and sent to J. M. Bartow Wadsworth Mass
[Act of March 3, 1843.]
Recorded in Book 267. Vol. 1. Page

5236
Massachusetts
Mary Stearns widow of Daniel who was a private of party in the Revolution
Inc d Yrs $55 77
Inscribed on the Roll at the rate of 85 Dollars Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 28 day of May 1849 and sent to
Yrs M. Peabody Worcester Mass
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A, Vol. 2 Page 38.

1638.
Massachusetts Mary Stearns widow of Daniel Stearns who served in the Revolutionary war, as a pair of artillery
Inscribed on the Roll at the rate of 55 Dollars 77
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 31 day of August 1848 and sent to
G. M. Prentiss Worcester Mass
Recorded on Roll of Pensioners under act February 2, 1848. Page 134 Vol. 2
Let to Gull, Prentiss, May 15/49
Reported