Revolutionary War Pension and Bounty Land Warrant Application File R. 10248, for John Stow, Massachusetts

SERVICE
NUMBER _____
Wass.
Stow, John
10 248
CONTENTS

In the matter of John Stow an Applicant for a Pension. —
18213
v
Certificate

State of New York,
Chautauqua County ss. On this fourth day of October in the year of our Lord one thousand eight hundred and thirty two, personally appear- ed  member one of the before the Judges of the court of Common Pleas for the county of Chautauqua being a court of record for said county, having by law a clerk and seal, John Stow, a resident of Ellicott in the county of Chautauqua and state of New York aged sixty nine years, who being first duly sworn according to law, doth, on his oath make the following declaration, in order to ob- tain the benefit of the act of congress, passed June 9, 1832 — That he was born in Southborough in the county of Worcester and state of Massachu- setts, on the twenty fifth day of July 1763 — he has no record of his age, but understands that there is a record of his birth among the records of the town of Southborough aforesaid — That he entered the service of the United States as near as he can recollects in the month of May — 1780 — having enlisted for six months into the north of the continental army Massachu- setts Regiment, commanded by Col. John Brooks who was a Lieut. Colonel and In- spector in the army of the United States — he enlisted at Marlborough in the county of Middlesex and state of Massachusetts, when he then resided and then went immediately to Concord at in the same county where he was mustered, and in a few days proceeded to join the army at West Point, and on his way passed through Springfield Mass. Litchfield Conn. &

Freshkill N.Y. and joined the army at Wat Point. Served in the regiment aforesaid which was at- tached to the brigade commanded by Gen. Patterson - does not recollect the names of any more of his officers with certainty, except that of the captain which was Hucker, he thinks the name of his captain was S. Day - He continued in the service until the first day of September 1780, when he was discharged in consequence of ill health upon the certificate of one of the surgeons of the army. In the year 1776, his brother Aaron Stow enlisted for at two war- was times, for the term of three months, into the militia or state troops of Massachusetts at Southborough aforesaid where they then resided. The said Aaron Stow who is now deceased and this deponent served out both periods of enlist- ment - were stationed at Roxbury, Dorchester & Boston - They served alternately being both boys - when one became fatigued with the service the other took his place - deponent cannot state how much of the six months he was in actual service, but thinks he must have been nearly one half of the time - The principal employment of the detachment was building fortifications on Dorchester Heights - The captain and lieutenants names were Moreton & Knowlton - but he does not recollect which of them was captain - The name of his colonel was Dyer. When he was discharged from the service in 1780, he received a written discharge from Col. Brooks which is now in his hands and is the only documentary evidence he has of his service, and he knows of no person who can testify to his service. - On his return from

The army in 1830, he was resided in Marlborough something more than a year when he returned back to Southborough his native town - resided there three or four years and then removed to Shrewsbury in the county of Worcester where he resided until the year 1795, when he removed to the town of Worcester and continued to reside there until the year 1829 when he removed to the town of Bristol in the county of Charlotte & state of New York and resided there until within a few days ago when he removed to his present residence. - And he further says that there are a number of individuals residing in this vicinity formerly residents of Worcester Mass. who can state that he is a man of veracity, among whom are Adolphus Fletcher, Job Partridge, Stephen Clark, Merrifield, Levi Wellington, Luke Denny, and Deacon Fletcher & James Clark. Callers. -
Sworn and subscribed to Thursday 14 th day of January
John Stow
E. D. Root judge of the Court.

We Adolphus Fletcher residing in the Town of Ellicott in the county of Chautauqua and State of New York and Joel Partridge - - residing in the same place hereby certify, that we are well acquainted with John Stow who who has subscribed and sworn to the above declaration, and have known him since our earliest recollection; That we believe him to be sixty nine years of age; that he is respected and believed, in the neigh- borhood where he resides, to have been a sol- dier of the revolution, and that we concur in that opinion. -
Sworn and subscribed } This day and year aforesaid }
A. Fletcher Joel Partridge
E. T. Doolittle Judge of the Court of Sessions
And the said Judge does hereby declare his opinion, after the investigation of the matter, and after putting the interrogatories prescribed the answers which very contained in the annexed declaration by the War Department, that the above-named applicant was a revolutionary soldier, and revolves as heretofore. And the said Judge further certi- fies, that it appears to him that Adolphus Fletcher who has signed the foregoing certificate is a resident in the town of Ellicott, and that Joel Partridge who who has also signed the same, is a resident in the said town that that they are credible persons and that their statement is entitled to credit. And the said Judge further

certifies, that the said John Stow is unable to attend court by reason of bodily infirmity.
E. J. Foote Judge Common Pleas
I James B. Lowry, Clerk of the court of the Common Pleas for the county of Charlotte- gu and state of New York, do hereby certify, that the foregoing contains the original proceedings, in the matter of the application of John Stow for a pension; and I do further certify that Elish T. Foote before whom the said proceedings ap- pears to have been had, is a judge of said court duly commissioned and sworn and that full faith & credit are due to his acts in that capacity.
In testimony whereof I have hereunto set my hand and seal of office this twelfth — day of Oc- tober in the year of our Lord one thousand eight hundred and thirty two. —
James B. Lowry Clerk

16213
John Stow Chautauqua co New York
Homer Sareline Laurens N.York

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 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 John Stow of Chautauque Co. N. York
   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.     Enlisted 1780 substituted in 1776 three tours of service alternately 1 3 private Ensign Tucker Capt Day Col Brooks Lieut. Col. Genl. Putnam to West Point Roxbury Dorchester & Boston 69 Homer Co. Massachus Tradition discharge   1 3 Capt. Hamilton Lieut. Hamilton Col Dyke  
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 [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.
J. A. Bedford

Rev. and 1812 Wars Section MCS/eel
May 31, 1929
Mrs. Fred Kamp 309 S. Cherry Street Marshfield, Wisconsin
Madam:
I advise you from the papers in the Revolutionary War pension claim, R.10248, it appears that John Stow was born July 25, 1763, in Southborough, Worcester County, Massachusetts.
He stated that while a resident of Marlborough, Middlesex County, Massachusetts, he served at various times in 1776, nearly three months in all, in Captain Moulton's or Knowlton's Company in Colonel Dyke's Massachusetts Regiment; that he enlisted in May, 1780, in Captain Day's Company in Lieutenant Colonel John Brook's Seventh Massachusetts Regiment and was discharged September 1, 1780.
After the Revolution he lived in Marlborough, Southborough, Shrewsbury and Worcester, Massachusetts; Busti, Chautauqua County, New York, and Ellicott, New York.
He applied for pension on October 4, 1832, at which time he was living in Ellicott, New York. His claim was

not allowed as he did not furnish proof of six months service which was the requirement of the pension law.
There are no data relative to wife and children.
Respectfully,
EARL D. CHURCH Commissioner.

Ston John Mass R19341
In consequence of the within certificate John Ston a six months soldier from the State of Massachusetts and the Town of Holbrook is hereby discharged the Service.
Brooks Lt Col Comd 7 th Mass. Reg. & Inspector
Ternbach 1 September 1861
Ston John Mass. R19341

John How soldier in the 7 th Massachusetts Regiment is found, on examination to be unable to perform the duty of camp and is therefore recommended for discharge.
Given under my hand this 10 th day of November 1864.

Marshfield, Wis.
Dec. 3, 1928.
H. S. Commissioners of Pensions, Washington, D.C.
Dear Sir:
Will you please inform me whether John Storr of Marlborough, Mass. who served in the Revolutionary War was pensioned?
Yours truly, Mrs. Fred Kamp.

1929 May 31. hist. to Mrs. Fred Kamp.
Act of July 10, 1902, and March 3, 1903.
REJECTED
P. O. W. N. S. W. N. S. Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18 List 185-29 in 5 fol. reason for rejection. He did not serve six mos.
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

John Stow
New York
Act 7 th June 1832
Rejected See
letter to N. Mayhew
May 15 th 1839
102218

A. Hoagline May 15 th 1883
06.
Re vol. 9
pp. 71

War department Pension off May 1833
Sir
The claim of John Slow has been examined & disallowed. He alleges less than 6 months service which is the minimum provided for by the act of 7 June '32. His papers are placed on file —
act. 7. June
Abner Hazeltine esq Saratoga N.Y.