Revolutionary War Pension and Bounty Land Warrant Application File S. 5057, for Timothy Marshall, Massachusetts

SERVICE
NUMBER
Mass.
Marshall, Timothy
S. 5057
carded
CONTENTS

15741 Massachusetts
Timothy Marshall of M'awt in the State of Mass o who was a S er vant in the Company commanded by Captain Flag of the Reg t commanded by Col Ward in the Mass o line for 12 months
Inscribed on the Roll of Massachusetts at the rate of 40 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 nd day of July 1833 and sent Geo. Folsom M'awt to Mass o
Arrears to the 4th of March 1833 $ 80.00 Semi-ant. allowance ending 1/2  Sept r  20.00 $100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Morrison Clerk, book 8 Vol. 21 Page 3

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this Tuesday day of August in the year of our Lord, eighteen hundred and thirty time personally appeared in open Court, before Nathaniel Paine Judge of Probate of Wills in the County of Worcester now sitting Timothy Marshall resident of Halston in the County of Worcester and Commonwealth of Massachusetts, aged Seventy five 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
I was born in Lowell in the county of Middlesex the 12th day of July A.D. 1757 I have no record of my age - I have lived in Halston ever since the commencement of the revolution - I enlisted as a volunteer and performed the services at each of the times testified of in the annexed depositions making the whole term of service twelve months - Beny Flegg was my captain at Duckett the first time - the second time at Duckett Beny Reddington was my captain & Francis Nelson was my captain at Black Bluff - I knew Col. Dyer Col. Fish and many other officers whose names I do not now recollect - I never need any discharge from service
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.
Timothy Marshall Before me Nathaniel Paine Judge of Probate for the County of Worcester

We William Davis a Clergyman residing in the town of  Hollen  Phineas S. Bartlett  and Lilly Chaffin residing in Hollen heretofore certify that we are well acquainted with Timothy Marshall who has subscribed and sworn to the above declaration, that we believe him to be seventy years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Samuel Dames Justice of the Peace
William Davis Lilly Chaffin Phineas S. Bartlett
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 mentioned applicant was a revolutionary soldier, and served as he states.
And the court further certifies, that it appears to them that
the preceding certificate, is a clergyman, resident in the  William Davis & Lilly Chaffin who signed and that of Ph. S. Bartlett who has  are also signed the same are residents in the Town of Holliston and are a credible person, and that their statement is entitled to credit.
Nathaniel Dapre Judge of Probate for the County of Worcester
I Theophilus Wheeler Register , 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 Timothy Marshall for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the seal of the Court of Probate this 14th day of August in the year of our Lord eighteen hundred and thirty two ,
Theoph. Wheeler Register of the Court of Probate for the County of Worcester in Massachusetts
23698
Timothy Marshall
Timothy Marshall

23608 Timothy Marshall Mass
Paid 17 3/4
Geo. Johnson Worcester Mass

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 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 Timothy Marshall  County of Worcester. Mass
   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 time not state 4 Capt Hagg Capt Richardson Col Dyke Col Tuck 75 years State of Mass Sincere Witness   Dec 1775 2 Resd Col Ward Capt Hagg   Aug 1776 4 " Capt Richardson   July 1777 6 " Col Dyke Col Crafts Col Nelson  
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 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.

Perman
5057
INVALID.
Ex. No. 0057
Timothy Marshall Prior Maf Stols
Act: June 1 st 1882
Index:—Vol. M , Page 236
[Arrangement of 1870.]

1 50 Me with S. J. Thomas Rice of Ancest in the town by of Ancest of lawful age etc testifying and say that on the 15 th day of December A.D. 1895. I enlisted into a volunteer company of Militia under the command of Capt Benj. Glazg. raised from the towns of Ancest Halden. and Spence. That Timothy Marshall of Halden enlisted at the same time into said company. That said company march- -ed to Roxbury & joined Col. Dyer's Regiment & were immediately ordered to Dorchester where said Marshall and myself remained in said company during our term of enlistment which was six weeks. Marshall & myself accepted the same room for our quarters during all said term. At the expiration of said term of 6 weeks there was a call for enlistments for a further term of two weeks but owing to sickness in our family I was unable to enlist & went home & left said Marshall at said Dorchester. Thos. Rice

Commonwealth of Massachusetts
On the fourteenth day of July August A.D. 1832 at Worcester in the County of Worcester and Commonwealth of Massachusetts personally appeared Thomas Rice by whom the within written deposition is subscribed, personally known to me as bearing the character of a man of truth and veracity, and being duly cautioned and sworn, made solemn oath to the truth of the within written deposition
(Before me)
William Lincoln
Justice of the Peace within and for the County of Worcester

1 The cert of J John Wilm of West Boylston in the county of Worcester of lawful age do testify and say that on or about the first of July AD 1777 I enlisted into a volunteer Militia company commanded by Capt Francis Wilson of Holden and marched immediately to Providence in Rhode Island & continued at said Providence East Greenwich and New Thurston during the whole of an term of service which was six months. That Timothy Marsh of Holden enlisted into said company at the same time that I did & continued in said company with me during the whole of the aforesaid term of six months & performed his duty in a manner becoming a Patriot & a Soldier.
John Wilm
Commonwealth of Massachusetts Worcester ss. Worcester ss. (1832) Then personally appeared John Wilson of above named and being duly cautioned and sworn made solemn oath to the truth of the above written deposition. The said deponent is known to me as being the character of a man of truth and veracity.
Before me
William Lincoln
Justice of the Peace within and for the county of Worcester.

I Jesse Partridge of Princeton of Leominster do testify and say that in the year 1776. I enlisted into the service of the Milicia for four Months and went to Dartmouth V.L and served. Said term as a Soldier in D. Service under the command of Capt Richardson of Leominster and that Timothy Marshall of Holden in the County of Worcester enlisted as a Soldier with me and was in the same Company for four Months and Performed his duty for his Country loyally Holden August 9. Th. 1832
Attest Ethan Davis Jesse Partridge I hereby certify that I have known Jesse Partridge for more than thirty years and he has uniformly sustained a good moral character. Ethan Davis
Personally appeared Jesse Partridge and made oath that the above deposition by him subscribed is true the truth before me
Ethan Davis Just of the Peace Holden August 9 the 1832
Thos Rice Jesse Partridge Jonathan Moore
of Leominster.

(Supplementary.)
Worcester ss
Commonwealth of Massachusetts I Theophilus Wheeler Register of the Court of Probate, being a Court of Record in the County of Worcester, do hereby certify that William Lincoln and Ethan Davis Esquires before whom the Annexed affidavits were made, are Justices of the Peace, in & for the County of Worcester, and that I believe their names thereto subscribed, to be their true and proper signatures.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Probate Court this 24th day of December one thousand eight hundred and thirty two.
Theophilus Wheeler Regd of said Court

Timothy Marshall.

I, Timothy Marshall, a resident of Holden, in the County of Worcester, & Commonwealth of Massachusetts, aged seventy five years, on oath make the following declaration, to secure the benefit of the Act of Congress, passed June 7, 1832. That in December, 1775, I enlisted at said Holden, for the term of two months, in the company of Capt. Benj. Slagg, Lieut. Nathan Harrington, Regt of Col. Ward , raised from the towns of Worcester, Spencer, Leicester & Holden. I marched in said Company to Roxbury, thence to Dorchester, where I faithfully served out the term of two months. Thomas Rice, of Worcester, served in the same company, but was dismissed on account of sickness in his father's family before the expiration of the time. I received only a verbal discharge.
That some time in August, 1776, I again enlisted in the company of Capt. Richardson, Regt of Col. Dyke, at said Holden, for a term of four months, which I served out at Dorchester, being employed there in working upon the forts. Jesse Partridge of Princeton, served in the same company during the whole of said term.
That again, in July, 1777, I enlisted at Holden, for six months' service, under the command of

Capt. Francis Wilson, of Holden, Lieuts. Belknap and Cutler, Ensign Norman Seaver, Regt of Col. Sanborn Keyes, and marched to Providence, R.I., thence to North Kingstown, thence across the river to Scituate, and back to Providence, I was dismissed verbally at Providence, after having faithfully performed the full term of service for which I enlisted. John Winn, of West Boylston, served with me the whole term, as testified by him before Wm Lincoln, Esq. Timothy Marshall
Worcester ss. December 4, 1832. Personally ap- peared the abovenamed Timothy Marshall, and made solemn oath before me, that the foregoing de- claration, by him subscribed, is true. And I further certify that said Marshall has already made ap- plication for the benefit of the Act of 1832; and that the foregoing declaration is now made to amend the former one, as required by the War Department.
George Folsom, Justice of the Peace.

Commonwealth of Massachusetts
Worcester ss.
I Theophilus Wheeler Register of the Court of Probate for the County of Worcester, do hereby certify that George Folsom, before whom the aforesaid Deposition of Timothy Marshall, was made, is a Justice of the Peace within & for the said County of Worcester, duly commissioned and sworn; and that full credit is to be given to his doings in said capacity.
I further certify that the signature purporting to be his signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court of Probate this fifth day of December in the year of our Lord eighteen hundred and thirty two.
Theoph l . Wheeler Register of Court