Revolutionary War Pension and Bounty Land Warrant Application File S. 11,037, for John Marsh, Massachusetts

SERVICE
NUMBER
Mass.
Marsh, John
S. 11,037
CONTENTS
Carded

New York, 14. 678.
John Marsh
of Otsego Co. in the State of N. Y. who was a private in the Company commanded by Captain Hodges of the Regt. commanded by Col. Putnam in the Continental line for
13 mo: 15 days-
* Mass. S. R. C. Mch 23/05. Records corrected.
Inscribed on the Roll of New York at the rate of 46. Dollars 00 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8. day of June 1833. and sent to J. L. Walworth, Washington - N. Yk.
Arrears to the 14th of March 1833. 92. 00. Semi-ant. allowance ending 4 Sept. " 23. 00
$ 115. 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. L. Mancioni Clerk, Book E. Vol. 4- Page 67.
23923 - ✓

John Marsh New York n o . 23923—
admitted.
13 mo. 15 days Private.
Lt. C. Walworth Esq. Washington New York

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 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. 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 John Marsh
   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.     April 1776 vol. 2 Pri 70 years   Nov 1778 enlist. 6 " Hartwick   1780 " 5 15 " Col. Putnam Genl. Patterson Traditionary   13 15  
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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In the matters of John Marsh a Prisoner
23923
The Visions to be sent to James Waverth Burlington N.Y.

Declaration in order to obtain the benefits of the Act of Congress passed June 7th 1832
State of New York } ss Otsego County, }
On this 12th day of March 1833 personally appeared before James C. Mansfield a Judge of the Court of Common Pleas in and for the county of Otsego aforesaid John Marsh a resident of the Town of Butternuts in the county of Otsego and State of New York aged seventy years last on the 21st day of September last who having first duly sworn deposition according to law and on his oath made the following declaration in order to obtain the benefits of the act of Congress passed June 7th 1832
That he was born in the year 1762 last past in the town of Marl in the county of Hampshire in the State of Massachusetts and that there is a town record of his age there That he first entered the United States service under the following Officers that at the town of Haverhill in Worcester county and State of Massachusetts in the year 1776 in the month of April he volunteered in the State Militia for the term of two months in the company of Captain Hodges & Lieutenant Remsen and the Col. of the Regiment is now none exempted

And was mustered and marched into the said captain Hodges to North Kingston in the state of Rhode Island and there kept guard and the enemy had possession of Rhode Island at this time and there kept guard watching the movements of the ene- my and the forces until the end of the two months and was then verbally discharged by the said captain Hodges and then return- 2 months { Thence to the said town of Hartwick
Then again in the year 1778 at the town Hartwick aforesaid in the month of December he enlisted in the Massachusetts state troops under captain Speakman the Lieutenant note hereunder and enlisted for the term of six months and was marched immediately to the town of Brookfield in the state of Massachusetts to guard the Public Stores then kept at that place and kept guard there until the next day May when the six months was expired was then 6 months { discharged by captain Speakman verbally and then with returned home to Hartwick aforesaid
Then again in the year 1780 at the town of Hartwick aforesaid in the month of June he enlisted into the continental line service under the captain name note

recruitments into it was Col. Putnam's regiment and Generals Patterson's Brigade and was mustered at Springfield in Massachu- etts and was there inspected by Col. Chapin and Marched to the Hudson River and crossed it Kings Ferry and then marched down the river to the main army in the state of New Jersey and was stationed at a place called Pumptown in New Jersey at the time that Major Andrew was hung in New Jersey and was afterwards stationed at a place in New Jersey so called and there there were Generals Stites and Genl. General Washington and about the first of the October at Pumptown aforesaid he was taken sick of the barracks hospitals and was put in to the General Hospital (it was a large Dutch Barn) and was there confined sick in the said Hospital until the last of December and was then discharged in writing by the Doctor of the Hospital his name is now is not now reconstructed and then returned home to the town of Hartwick aforesaid and is certain that he served at this time as much as five months and fifteen days
And he further says that by reason of the age and the consequent loss of memory he cannot speak positively as to the precise length of his services or all the particulars of all of his services but according to the best of recollection

He could not have served less than the Period mentioned herein For over a year and one month and fifteen days I served as a private soldier and for such service I claim pension That he was born in the town of Ware in Massachusetts and is now 70 years of age That he knows of no documentary evidence to prove his service by nor nothing that was that he can produce that he has no proof of his age except the town record in the town of Ware that he never served as a substitute for any other person nor was he in any Battle or Skirmish and that he received one written discharge but that is lost or destroyed that he can not now produce it that he lived in the town of Hartwick in the state of Mass Massachusetts when he was first called into service and that since the war he has lived in the said town of Hartwick and 43 years since he moved to the town of Butternuts in county of Otsego and state of New York where he now resides And that the Reverend Isaac Garrison and Willard Goy and Alfred Goy are his neighbors and can testify to his general character for veracity and their belief of his service as a soldier of the Revolution

He hereby relinquishes every claim what ever to a pension or annuity except the presents and declares that his name is not on the Pension Rolls of the agency of any state
Subscribed and sworn the day and year afo- resaid Before me James C Manwaring } John Marsh Judge of Otsego County } Courts
We Isaac Garvin a clergyman residing in the town of Berne in the counties of Otsego and Delaware New York And Alfred Aboy and William Coy residing in the same place hereby certify that We believe him to be seventy years of age and are well acquainted with John Marsh who has subscribed and sworn to the above declarat- ion that we believe him to be seventy years of age that he is reputed and belie- ved in the neighborhood where he resided to have been a Soldier of the Revolu- tion and that we concur in that opinion and that we believe him from bodily infirmities unable to attend the courts Subscribed and sworn the day and year aforesaid Before me Isaac Garvin James C Manwaring } William Coy a Judge of Otsego } Alfred Aboy County Courts }

Otsego County ss
I the said Judge mentioned in the foregoing declaration do hereby certify and declare my opinion after an 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 I the said Judge do further certify that I am personally acquainted with the Rev. Isaac Garrison and that he is a clergyman residing in the town of Butternuts and that William Coy and Alfred H. Coy are persons known to me and that they are residents of the town of Butternuts and that they each of them signed the above certificate in my presence and that they are each of them credible persons and are entitled to full credit in their statements
And that the above Declarant John Marsh is a very credible person and that from bodily infirmities he is unable to attend the Courts
In testimony whereof I have hereunto set my name this 12th day of March 1833
James C. Wainwright a Judge of Otsego County Courts

State of New York } Otsego County } Vs. I Horace Lathrop Clerk of the said County do certify that James C. Walworth before whom the preceding affidavit purports to have been sworn was at the date thereof a Judge of Otsego County Courts & that I am acquainted with his hand writing & sincerely believe his signature to the said affidavit to be his own proper hand writing & signature. Witness my hand & Seal of office this 16 th day of March 1832.
Horace Lathrop By W. H. Cory Dep. Clerk

Rev. Mr.
11034 INVALID.
File No. 11,037
John Marsh Rev. New Mar.
Act: June 7th 82
Index:—Vol. A , Page 238
[Arrangement of 1870.]