Revolutionary War Pension and Bounty Land Warrant Application File S. 18,968, for Andrew Mc Wain, Massachusetts

SERVICE
NUMBER
Mass
McWain, Andrew
S. 18,968
carded
CONTENTS

Vermont, 18.660
Andrew M c Wain, of Windsor is in the State of Vermont who was a private in the Com ty commanded by Captain Hastings of the Reg t commanded by Col. Whitcomb in the Mass. M il . line for 9 months.
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th March 1837 to 29. July 1837 the day of his death. Age notified 4 th June 1839.
Dead
Inscribed on the Roll of Vermont. at the rate of 30 Dollars — Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 24 th day of Sept r 1833. and sent to Walter Palmer, Woodstock. Vt.
Arrears to the 4 th of Sept r 33 $ 73.00 Semi-ant. allowance ending 4 th Mar. 34. 15.00
$ 90.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by E. M c Wain Clerk, Book 8. Vol. 3. Page 78

TREASURY DEPARTMENT.
Second Comptroller's Office,
May 4 th , 1839.
Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The children of Andrew McWain, a Pensioner on the Roll of the Bellow's Falls Agency, at the rate of Thirty — Dollars and  Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1837 to the 29 th July, 1837, the day of his death.
Respectfully, yours,
J. Sauer acting
Comptroller.
To the Commissioner of Pensions,
Present.

No 4321 Andrew M. Main Dedication
Mr
Andrew M. Main

STATE OF VERMONT, WINDSOR COUNTY, ss. }
On this 11 th day of August A. D. 1832 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, Andrew M. Stone a resident of the county of Windsor and State of Vermont, aged seventy one 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. In the year 1775 he lived in Bolton Massachusetts on the 19 th day of April in the said year he went to Cambridge near Boston in Capt. Hastings Company in Col. Asa Whitecomb Regiment soon after that he enlisted for eight months in the said Capt. Hastings Company in the said Col. Whitecomb Regiment. was stationed on Prospect Hill near Boston Mass. Served his term out & returned home the British being in possession of Boston he was frequently called out for a short space of time thinks in the whole one month when on Prospect Hill he served with several Mass. Regiments Col. Brennan & others in Genl. Green Brigade he knew Genl. Washi- ngton Lee & Green he has no documentary evidence & knows of no person whose testimony he can procure who can testify to his services except the testimony herewith annexed, he was born in Bolton Massachusetts the 16 th day of June 1741 when it is recorded in 1775 he removed to Putney Vermont still there a number of years then removed to Rochester Vermont still there a number of years then removed to Woodstock Vermont when he has ever since lived except a few years he lived in Grafton New Hampshire since. He is known to a number of the inhabitants in particular to Rev. Josiah Hazen & Nathan J. Churchill

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. }
L. Marsh, Register
Andrew Wain
We, Jasper Hazen a Clergyman residing in Woodstock and Nathan T. Churchill residing in the same place, hereby certify, that we are well acquainted with Andrew Wain who has subscribed and sworn to the above declaration; that we believe him to be 91 years of age; that he is reputed and believed, in the neighbourhood 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. }
L. Marsh, Register
Jasper Hazen Nathan T. Churchill
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 Jasper Hazen who has signed the preceding certificate, is a Clergyman, resident in Woodstock and that Nathan T. Churchill who has also signed the same, is a resident in Woodstock and is a credible person, and that their statement is entitled to credit.
I, Lyndon Marsh Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Andrew Wain for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this 11 th day of August A. D. 1832
L. Marsh, Register

4321
A. M. Ware
Admit
9 months $ 30. —
Walter Palmer Esq, Woodstock VT

WAR DEPARTMENT,
Pension Office,
25 April 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Andrew McWain
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1775 9 Private Colo Genl White 21 years lived in Boston when he entered the service affidavit of Jacob Wheeler  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr Andrew McWain

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and G. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

mm S18968
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS.
Washington, D. C., Sept. 25 , 19 22
In reply to your request of _____, received _____ for a statement of the military history of Andrew McHain a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Apr 19-1775 9 mos Pvt David Hastings Asa Whitcomb Mass                                     
Battles engaged in, None stated Residence of soldier at enlistment, Bolton, Mass. Date of application for pension, Aug. 11-1832. His d. was ab. Residence at date of application, Woodstock, Windsor Co., Vt. Age at date of application, Born June 16, 1741 in Bolton, Mass. Remarks: He died July 29, 1837.
In 1839 "The children of Andrew McHain" are referred to, names stated. No further family data on file. In 1778 soldier moved to Putney, Vt., after that Rochester, Vt. then to said Woodstock.
Respectfully,
Commissioner.

18 968 INVALID.
File No. 18.968
Andrew W m Wain
Dis Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 249
[Arrangement of 1870.]
1922. Sept. 25 Hick to Mrs. M. B. Gilmore mmh

I Jacob Wilder of Woodstock County of Windsor & State of Vermont of Lawfull age testify & say that in the year 1995 I was acquainted with Andrew McWain then of Barton Mass that the said McWain enlisted into the service of the united States for eight months in Grafton Sand Hastings Company in Colo Aca Whipple Infantry Regiment I belonged to the same Regiment & know nothing but what he served his time out & believe he did - & further deponent saith not
Jacob Wilder
State of Vermont } Woodstock August 17th A.D. 1832 Windsor County } Then Jacob Wilder personally appeared & made solemn oath that the above affidavit by him subscribed contains the truth & nothing but the truth before me & I hereby certify that the said Jacob Wilder is a Credible Witness. — — — — —
Walter Palmer Justice of peace

State of Vermont } Woodstock County Clerks Office 17 th August 1832, I Benjamin Swan Windsor County } Clerk of Windsor County Court, Do hereby Certify that Walter Palmer is one of the Justices of the Peace within & for said County, and that the within is his Signature. —————
In Testimony whereof I have affix the Seal of said Court, and subscribe my name the day & year above. Benj d Swan
J. M c Lean

And much more

State of Vermont } Woodstock May 29 th 1833 Windsor County } Personally appeared before me the undersigned a Justice of peace within for the county of Windsor Andrew M c Lean who being duly sworn deposeth & saith that by re- -ason of old age & the consequent loss of memory he cannot swear positively as to the precise len- -gth of his service, but according to the best of his recollection he served not less than the periods mentioned below & in the following grades
For nine months I served as a Private & for such service I claim a Pension for the time during which the service was performed I was not employed in any civil pursuit that I served with an incorporated Company called vita service by competent authority & performed the service as I have stated in my said Declara- -tion which this is an addition or amend- -ment thereto I further depose & say that I know of no person living but Isaac Welder who I can prove to prove my first term of service, & I know of no one living that I can prove to prove my lost service
Andrew M c Lean W th
Sworn to and subscribed day & year as above written.
George E. Wales J st Peace
State of Vermont } I Benjamin Swan Clerk of Windsor Windsor County } County Court hereby do certify that George E. Wales who has offered his name to the above is a Magistrate duly qualified & that the above is his gen- -uine signature. In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Woodstock this 30 th day of May A D 1833 — Benj. Swan

Eugene, Ore. Aug. 21, 1922.
Pension Department, Washington, D.C.
Gentlemen:-
Will you please send me a record of the services of Andrew M c Wain, revolutionary soldier, who was born about 1741 and died in Woodstock, Vermont, June, 1840.
Respectfully yours,
Mrs. M. B. Gilmore,
Eugene, Oregon