Revolutionary War Pension and Bounty Land Warrant Application File S. 19113, for Elijah Stetson, Massachusetts

SERVICE
NUMBER.
Mass.
Stetson, Elijah
S.19113
buried
CONTENTS

Maine
11533
Elijah Stetson
of Cumberland Co. in the State of Maine who was a Dr. in the Company commanded by Captain Winslow of the Regt commanded by Col Gary in the Mass. Militia for Troops - - - - -
18 Mo 5 Wks 3 Ds $ 60.55
Inscribed on the Roll of - Maine at the rate of 51 Dollars 55 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 th day of May and sent to 1833 Freeman Bradford, Portland, Me
Arrears to the 4th of March 1833 - 121.11 Semestral allowance ending 4 Sept - 30.26 1/2
151.37 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. D. Sprague Clerk, Book 6 Vol. 1 Page 53

22/11 Elijah Stetson Cumberland Co. Maine
Admired 18 mo's 5 days $ 60.55
Freeman Bradford Portland Maine
which the above version is now

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 show what is necessary to be done. These 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 Elijah Stetson Cumberland Co.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. which the declaration is supported.   Years. Months. Days.     we April 1775 3 pr. Capt Lape — 12 Hamner   May 1776 3 " Capt Wind Col Bang Mass- Mass- Traditionary-   Aug " 3 " Cow— Col Whitney Documentary-   Nov " 1 2 " " " Living Witness-   Sept. 1777 2 " Capt Fur- Col. Coud- V. G.   1778 9 ner. ling-   18 5-  
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 Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person.

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about here or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the paper.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Shickman 642

Declaration of Elijah Nelson
22411

STATE OF MAINE.
COUNTY OF Cumberland ss.
ON this seventh day of February A. D. 1832, personally appeared in open court, before the Judges of Supreme Court for said County, Elijah Stetson a resident of Durham - in the county of Cumberland and State of Maine, aged 92 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he entered the service of the United States at Hanson, Massachusetts
in the company commanded by Joseph Dike and served three  days and was marched to New Bedford to pay the men, who were there. He does not recollect that there was any Col. or Major there - there was more than one company. This was in April of the year 1775.  Again in May 1776 he entered the service and served three  months in the company commanded by Nathaniel Winslow of Scituate in the regiment commanded by Col. Simonds Cary of Bridgewater. He was stationed on the line until he called during this three months and was employed in erecting fortifications and guarding the harbor. Again in the month of August he again enlisted in 1776 and served three  months in Capt. Winslow's company in the regiment commanded by Col. Joseph Whitney and was stationed at the Green Point of our island. Again he enlisted in the first of December in the year 1776 and served one month and twelve days in Capt. Winslow's company in Col. Whitney's regiment and was stationed on the Green Point. He does not recollect that he served there more than seven months and two days. Again he enlisted at Hanson in Sept. 1777 and served two months in the company commanded by Amos Fernald in Col. Cushing's regiment and was stationed at New Bedford. He served a part of the time watching the progress of the enemy.  Again in the year 1778 he again enlisted and served nine months in the Continental service and was discharged in the month of March 1779. He enlisted at Hanson in Sept. 1778 and served nine months in the company commanded by Joseph Dike in Col. Cushing's Regiment. He recollects that he was on the Hudson river and that he did not go into winter quarters until January. He does not recollect any officer other than what he has named above - that he served at least eighteen months and five days. That in consequence of old age and infirmity occasioned by a shock of the member paralysis he does not recollect many incidents of his service. That he does not know any persons living who can testify for him. That the proof of his service has been obtained from the military rolls of Massachusetts. He further states that he served more than the time mentioned in said certificate but he does not recollect his officer's names. He claims a pension as a private and as a drummer in the latter capacity he served two months.
Defendant's evidence in Cumberland Court here
Witness. A. K. Parris
Elijah Stetson mark
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.
A. K. Parris Secy. Sup. Court.

 1 - That he was born in Hanover in the year 1740  2 - That he has no record of his age but has seen one in the town books of Hanover -  3 That he enlisted as a volunteer at each several time that he entered the service  4 That he recollects one time when was duty of the company to which he belonged a part of the time  5 That he was living in Hanover at the time when called into the service and has lived in this town Durham about forty five years. that previous to that time he was in Hanover  6. He received a discharge but has lost the same from his service in the last nine months since and upon the Department to the calls for positive proof of the same  7. That Joseph Herrick is one of the select men of Durham and Joseph Reed can testify to his character and belief of his services 
Elijah his X Stetson mark
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 applicant was a revolutionary soldier, and served as he states. And the Court further certify that it appears to them that Jacob Herrick who has signed the annexed certificate and Joseph Reed - are reputable persons and that this state may be entitled to credit. And I do further certify that the information Elijah Stetson, from age and bodily infirmity, is utterly unable to attend in open court. None being in want of record holding within twenty miles of his place of residence, and that I have taken this declaration at his dwelling house.
Albion H. Parris Just. Sup. Jud. Court of Maine
I, John G. Vaughan Clerk of the Judicial Court of Cumberland County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elijah Stetson for a pension. I further certify that the Hon. Albion H. Parris is one of the Justices of the Supreme Judicial Court of the State of Maine and that the foregoing is a true and correct copy of the original proceedings. In testimony whereof, I have hereunto set my hand and seal of office this eleventh day of December A. D. 1832. I further certify that Freeman Bradlow is a Magistrate & that the foregoing signature CLERK. here subscribed to the deposition of Thomas Sylvester, is his genuine signature.
John G. Vaughan, Clerk

He further states that he was in the skin mishing on & around Rhode Island about the time of Sullivan's expedition. And was in the Battle at White Plains but cannot state any particular incident. The reason why he has not obtained the evidence of the Gentry man of his town is that he is in Augusta, Me.
Elijah J. Stetson mark
Given to before
M. R. Parry Just. Sup. Ind. Co. Me.
State of Maine
We Jacob Berrick one of the Select men of the town of Durham and Joseph Reed of the same town hereby certify that we are well acquainted with Elijah Stetson who has subscribed and sworn to the above declaration that we believe him to be ninety two years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution and that we concur in that opinion
Jacob Berrick Joseph Reed
Given and subscribed, the day and year aforesaid
Melion R. Parry Just. Sup. Ind. Co. Me.

6 Sletson.

Commonwealth of Massachusetts.
Secretary's Office, Novemb. 3. 1832.
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 Elijah Stetson has served under Viz
   Captains Colonels Term of service as enroll'd Whole time   Year began. ended. m s days     Ebenezer Hemenway Simonds 1776 7   Ditto. Jos. Whitney 1776 May 1 st . August 1 st . 3 0   Ditto. ditto. d o . Aug st Sept th & October 3 0   Ditto. ditto d o . Nov r . 1 2   Jos t Soper Field Staff Adjunct Gen l 1775 April 20 0 3   Amos Turner Jos t Cushing 1776 Sept r 20 2 0   Joseph Soper Cushing 1778 9 —   Total Amount Eighteen Months & five days 18 5  
The last service is inferred from said Stetson's name being enrolled in a book containing the names of the "9 months men in 1778", but states only the time of enlistment, but not the time of discharge.
Edward D. Bangs Secy

Thomas Sylvester of Portland in the county of Cumberland State of Maine on oath testify and say that I am well acquainted with the Elijah Stetson of Durham In the year 1848 in September I think I was enlisted in the company commanded by Capt Thomas Rowe in Col. John Bayley's Regt. and served in said company six months. Sometime in October of that year while I was at Peekskill I became acquainted with the aforesaid Elijah Stetson who was then a soldier. Said Stetson was a town's man of mine and that was the reason of my becoming acquainted with him. I do not know how long he served. I knew him at Peekskill and Fishkill about one month. The company to which he belonged was called away but when they went to New York I do not know. I was well acquainted with said Stetson when he lived in Boston Mass and I have known him while he has lived in this county.
State of Maine
Thomas Sylvester
Cumberland S.S November 20. 1852. Then personally appeared the above named Thomas Sylvester a man known to me as a person of truth and a credible witness and made oath to the truth of the deposition by him signed
Before me
Freeman Bradford
Justice Peace

Revolutionary claim
Dec. 17.
Hon: Lewis Cass Secretary of War Washington D.C.

Portland Dec. 11 th . 1882.
Sir Herewith is transmitted the papers of Elijah Stetson claiming a pension. His pension certificate if awarded, or any communication relating to his claim, may be addressed to me Wm Lewis Cass Secretary of War
I am most respectfully Your Ob t . Servant. Gerrit Smith

P 19113
INVALID.
File No. 11-1-1-1
_____
Act: _____
Index :—Vol. 1 , Page 363
 [Arrangement of 1870.]