Revolutionary War Pension and Bounty Land Warrant Application File S. 15,933, for Seth Martin, Massachusetts

SERVICE
NUMBER _____
Mass, Vt.
Martin, Seth
S 15933
carded
CONTENTS

17.328 Vermont
Seth Martin
of Rutland Co in the State of Vermont who was a private in the Company commanded by Captain Root of the Regt commanded by Col Smith in the Vermont line for Lyman. Mass. Vt.
Ans
Inscribed on the Roll of Vermont at the rate of 80 Dollars 00 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Aug. 1833 and sent to R. Temple Rutland
Arrears to the 4th of March 1833 $160.00 Semi-annual allowance ending Sept. 1833 40.00
$200.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book C Vol. 3. Page 77

Seth Morton Brattle St 6° Worms
Subm. to Comm.
2 yrs 80 —
I have written to Mr. Bangs, but no evidence is found in his office. The intercepts are all recorded.
R Temple Rutland

WAR DEPARTMENT,
Pension Office,
183
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 subjunct 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. 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 Seth Martin
   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. Evidence by which the declaration is supported.   Years. Months. Days.     June 1776 6 Private Capt. Root Capt. Eager Lt. Strong Capt. Chapin Col. Smith Col. Sanger Col. Sims Bunker Mass ts N York Mass ts " " Boston Concord 72 years Leicester 81 yrs Fr. act in up   Aug 1777 5 "   May 1778 4 "   1778 3 "   1779 4 " Capt. Root Capt. Eager Lt. Strong Capt. Chapin Col. Smith Col. Sanger Col. Sims Mass ts to Providence Rhode Island   June 1780 3 "   Sept 1781 2 "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he 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 (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.

Sitta Martin
27 mo.
21545
R. Knapp City

STATE OF VERMONT, RUTLAND COUNTY, ss. }
On this 18 th day of Sept. A. D. 1832 personally appeared in open Court before the Judge of the Prelate Court of the Cause now sitting, Seth Martin a resident of the County of Rutland and State of Vermont, aged 72 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 1776 he lived at Leicester, Mass. & about the 1 st June he enlisted for six months & served in Capt. Root's company, Lt. Merrill, Col. Smith's Regt. & marched to New York, by the way of New Haven from whence he went by water & remained on duty at New York until the City was taken by the enemy, then retreated to Harlem & White Plains, & etc. Discharged at Croton about the 1 st Dec. after serving 6 months. He was in the skirmish at Harlem. In 1777, when Burgoyne invaded the Country he volunteered about the 1 st August & served in Capt. Egan's Company, Col. Sawyer's Regt. marched to Saratoga where present at the capture of Burgoyne, then marched with prisoners as far as Albany where he remained guarding a few invalids that were left there until the 1 st Jan'y. when he was discharged after serving 5 months. In May 1778 he volunteered & served 4 months in Col. Dimes's Regt. Lt. Strong. he has forgotten the names of his other officers, & served out his 4 months at Boston guarding stores where he was discharged in Septem r . Immediately after his time was out he enlisted for three months & served in Capt. Chapin's company, Lt. Peterson; he don't remember the names of his other officers as they were in Boston & he served out his time at Dorchester heights where he was discharged in Decem r . In Jan'y. 1779 he volunteered & served four months in Capt. Catlin's company Col. Wade's Regt. marched to Providence R. Island, thence to Swanton where he was discharged in May having served 4 months in guarding the coast. In the summer of 1780 he enlisted for 3 months as a substitute for one Pierce, & served in Col. Murray's Regt. Capt. Sheldon, marched to Westpoint where he was at the time of Arnold's treason, & was discharged there after serving 3 months. He then came to Vermont, & in Sept. 1781 he volunteered & served two months in Capt. Fitch's company Col. Fletcher's Regt. at Castleton where he was discharged. He never rec d . a written discharge & has no documentary evidence

and knows of no person whose testimony he can procure who can testify to his services. He knew Genl Washington Lincoln, Patnam, Gates & the Harbor Masters, & many other continental officers but can't remember their names. Neither can he remember so as to distinguish them from those with whom he served. He was born at Leicester the 10. Dec. 1779 but knows of no record of his age except he remembers it was in his father's Bible, & he copied it into his own. Since the revolution he has lived in Wilmington, Bennington & Wells where he now lives. There is no clergyman in his neighborhood, but he is known to most of the people there.
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.
Seth Martin
We John Allen a Clergyman residing in Wells and Eli Church residing in the same place, hereby certify, that we are well acquainted with Seth Martin who has subscribed and sworn to the above declaration; that we believe him to be 72 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.
John Allen Eli Church
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 John Allen who has signed the preceding certificate, is a Clergyman Credible person, resident in Wells and that Eli Church who has also signed the same, is a resident in Wells and is a credible person, and that their statement is entitled to credit.
I Rodney C. Royce Clerk Clerk of the Court of Probate do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Seth Martin for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this 17 th day of Nov. A. D. 1832
R. C. Royce

2
15033 INVALID.
File No. 15033
Seth Martin
Prison Rec War
Act: June 7 th 82
Index:—Vol. 1 , Page 240
[Arrangement of 1870.]

Seth Martin
Explanatory declaration & proof of service

State of Vermont Rutland p - 3
On the 8 th day of June 1833, personally came before the undersigned authority, Caleb Potter of said County, aged 75 & a credible witness, who being duly sworn doth depose & say - That he was acquainted with Seth Martin, now of Wells, in the year 1776 - They were both soldiers in Col. Smith's Regt. of Mass. & marched to New York, & retreated with the Army when the enemy took that place - said Martin belonged to Capt. Root's company, & was discharged the same time as the deponent, about the 1. Dec. 1776, at Crown Manor, after serving 6 months
from before me this day & year aforesaid
R. Temple Jr. Pres.
State of Vermont Rutland p - 3
On the 10 th day of June 1833, personally came James Hammond of said County, a credible witness, who being duly sworn doth depose & say, that in 1778 he lived in Boston, & was acquainted with Seth Martin, & had previously known him at Leicester, where the deponent formerly lived - And he knows that said Martin was in service the first part of that season as one of the guard of Military Stores, & the latter part of the season he was a soldier at Dorchester heights - The deponent does not remember the officers under whom said Martin served, except Capt. Chapin at Dorchester - And he does not remember how long said Martin was in service, but believes it could not be less than six or seven months from the day & year aforesaid before me
R. Temple Jr. Pres.

State of Vermont, Rutland Co. 3
On the 13 th day of June 1833 personally came before the undersigned authority, Went Tucker of said County, a credible witness, who being duly sworn doth depose & say - That in 1781 he was a soldier in Capt. Fish's Company in Col. Fletcher's Regt. - and he recollects in the fall of said year both Martin, now of Wells, served a short time in said Company as a private in the Fort at Castleton, he thinks at least two months, but has no certain recollection of the length of time. sworn before me the day & year aforesaid. ✓
R. Brattle Jus. Peace
And on the same day & year aforesaid? Can the said Seth Martin, who being duly sworn doth depose & say, That he has spent most of his time for a month past in looking for testimony, & has been able to find none to support his claim except what is contained in the foregoing affidavits - He further says, that he has carefully taxed his memory, and is confident he performed the several terms of duty stated in his declaration of the 18 th Sept. 1832, but may have mistaken the names of some of his officers, as he finds some difficulty in remembering names, more than events - And he further says, that from old age, & the consequent loss of memory, he cannot mean positively as to the precise length of all his services, but according to the best of his recollection he served not less than two years & three months as a private and for that time he claims a pension.
sworn before me the day & year aforesaid
R. Brattle Jus. Peace

State of Vermont
I Robert Peipoint Clerk of Rutland County Court do certify, that Robert Purple before whom the foregoing affidavits were taken, is a Justice of Peace for said County, duly Commissioned & that his name thereunto is in his own hand writing.
In testimony whereof I hereunto set my hand and affix the seal of said Court this 13. June 1833 -
R Peipoint