Revolutionary War Pension and Bounty Land Warrant Application File S. 19732, for James Mc Clary, Massachusetts

SERVICE
NUMBER
Continental Mass.
Mcblary, James
S.19732
CONTENTS
2.
carded

1605.
Massachusetts
James M c Clary
of Boston, in the State of Mass who was a Private in the Company commanded by Captain [blank] of the [blank] Regiment commanded by Col. Glover in the [blank] line for 9 Mos. 4 Continental
Inscribed on the Roll of [blank] at the rate of 30 - Dollars -- Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of March 1832 and D r [blank] D r [blank]
Arrears to 4th of Sept 1832 - 9 00 Semi-annual allowance ending [blank] 15 00 90 00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by [blank] Clerk, Book [blank] Vol. 2 nd Page 8 th

Application of James M. Clary No. 3378
also that the Honorable the  the  re-named is sole Judge of said Court and that his name affixed to these papers are genuine.
In testimony whereof I have hereunto set my hand and the seal of said Court at Boston this Eighth day of August A.D. eighteen hundred and thirty two.
Thomas D. Phillips, Clerk.

Commonwealth of Massachusetts.
On this Eighth day of August, in the year of our Lord 1832 personally appeared in open Court before the ... now sitting at ... within and for the ... aforesaid
aged ... Two years Who being 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 is to say
That during the revolutionary war on the 15th of December 1770, being drafted, he enlisted in a company of Massachusetts State Troops in Dorchester. Captain Gage was the commander & Mr Jacobs the Lieutenant of the company. Colonel Glover commanded the regiment. On the 18th of the same month the company went to Roxbury & marched for Brattle Street where they arrived in three days, there having been a very snow storm all the time. At Providence they were joined by the rest of the regiment. The British were at this time in possession of New Port. Glover remained in Providence a few days & returned gradually to Lancaster. From Lancaster to Nashua & from Nashua to Lowell, General Washington's head quarters, where they joined the regular army & from thence to Bakingtown in New Jersey where they remained five weeks. After this he returned to Lancaster. The time employed in this service was three months. In April 1771 he enlisted at Dorchester in a company of State Troops commanded by Captain Sumner the regiment commanded by Colonel Gage. He immediately marched to Providence & from thence to New Port. Under General Howe's army ... in possession of New Port. He remained ... until ... His last campaign continued six months; his service was nine months.

He relinquishes every claim, whatever, to a pension or annuity whatever, 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, before me in open court, Peter A. Thacher, Judge B
Samuel May
We Joseph H. Bradley & Jeremiah S. Boire
a Clergyman residing in the town of Boston
in the County of Suffolk
hereby certify that we are well acquainted with Samuel May who has subscribed and sworn to the above, and that we believe him to be seventy 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. Sworn and subscribed the day and year aforesaid,
before me, in open court, Peter A. Thacher, Judge B
Jeremiah S. Boire Joseph H. Bradley
And the said Court thereupon proceeded to propound the following interrogatories, which he answered under oath, as follows:
1. Where and in what year were you born?
Answer, In Boston, in the year 1750
2. Have you any record of your age, and where is it?
Answer,
I have no record.
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live?
Answer, When called into service I lived at Dorchester, since then I have resided in Boston.
4. 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 was drafted.
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 service?
Answer,
I recumid all the officers I can recollect in my service.
6. 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?
Answer,
Joseph H. Bradley & Jeremiah S. Boire Esqrs

7. Did you ever receive a discharge from the service of the War Department? Answer. I never received any discharge - James M. Clary Sworn to & subject before me, in open court; Peter A. Thacher, Judge
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 Jeremiah S. Boree and Joseph P. who has signed the preceding Pradlee, who have signed the preceding Certificate, are credible person, and that their statement is entitled to credit.
1
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 in the year of our Lord one thousand eight hundred and thirty
day of
personally known to them, being Merchants of respectable character residing in Boston aforesaid, that they are credible persons, and their statement is entitled to credit.
Peter A. Thacher, Judge of the Municipal Court of the City of Boston.
Joseph Tuckerman of the City of Boston aforesaid Doctor of Divinity & Minister at large for the poor, have known the said James M. Clary for four or five years last past, during which time I have always considered him a man of truth and uprightness, and I believe the foregoing statement has been made by him to be just and true.
August 8 th 1832. Sworn to and subject before Joseph Tuckerman. me Peter A. Thacher, Judge
And further certify, that the Rev. Dr. Tuckerman, who has signed the preceding Certificate is Minister at large for the Poor in the City of Boston, is of the highest respectability and that his statement is entitled to credit. Peter A. Thacher, Judge

Commonwealth of Massachusetts
Suffolk
I, Thomas W. Phillips, Clerk of the Municipal Court of the City of Boston, a Court of Record legally established within said Commonwealth do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James M c Clary for a pension; also that the Honorable P. R. D. Hacker is sole Judge of said Court and that his name affixed to these papers are genuine.
In testimony whereof I have hereunto set my hand and the seal of said Court at Boston, this Eighth day of August A.D. eighteen hundred and thirty two.
Thomas W. Phillips, Clerk.
Application of James M c Clary No. 3378

3378
Laura M. Clary
Pawah
9 Months
W.H.E.
Adm th
$30.
E. Harkett Dorby Bristol Mass

BRIEF in the case of of  Boton
James M. Clary in the State of (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 72  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.     15 Dec 76 15 Dec 76 3 private Gen. Capt Bliss - Col Glover   Apr 79 6 " Capt Patman Col Lovell  
 5. In what battles was he engaged? None mentioned  6. Where did he reside when he entered the service? Dorchester  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Nothing but tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? Yeh 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W.C. Easton Examining Clerk.

19182 INVALID.
File No. 11718
James M c Clay Dis New War
Act: June 7 th 82
Index:—Vol. 2 , Page 957
[Arrangement of 1870.]

3378
James M. Clary
E. H. K. at Dorby Boston

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James M c Clary 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?
2/9
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
C
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?
2/9
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?
_____
XV. Does it appear from the 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?
_____
XVI. ‡ Are the papers authenticated as the regulations direct?
2/9
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."

It is important in all cases to determine with precision the period for which the 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.
QUERE XIV.  Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

No. 3378
The breeding of Man-
Washburne
Open
M. Aug. 1892

Boston August 11 th 1832.
14 State St.
I have the honor to transmit to you the application of Mr James M c Clary for a pension; the same has been duly authenticated by a Commissioner of the City.
I am endeavoring to comply with your instructions, I doubt not the enclosed will be well substantiated. By forwarding to me the pension certificate it will be a favor &c.
Yours with the Highest Respect
Edward Peabody Counsel to James M c Clary