Revolutionary War Pension and Bounty Land Warrant Application File S. 10942, for Amos Kelton, Massachusetts

SERVICE
Mass.
Kelton, Amos
NUMBER
S. 10942
CONTENTS
learned

Elizabeth Ann Nelson
Widow in the State of Mass who was a relict of the late  James  Nelson commanded by Captain James  Nelson of the U.S. Navy commanded by James  Nelson in the War line for the  United  States
Invented on the Roll of Mass at the rate of 3 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 2nd day of March 1832 and sent to the  United  States Department of the Navy
Annuity to 14th of March 1832 33 99 Pension, allowance ending March 1832 33 99 840.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. C. [unclear] Clerk Book 5 Vol. 27 Page 62

Amos Milton son of Enoch Milton born March 11th. 1760 As of record in the town Clerks Office in the town of Rehoboth.
Rehoboth September 18th. 1832.
Attest James Blanding Town Clerk.

BRIEF in the case of
Amos Kelton of Saunton  of Bristol Co in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     '76 Sec' 76 11 As a Private Gen. Wap. H. Medger Col. Francis   3 do Capt. Hill  
 5. In what battles was he engaged? None mentioned  6. Where did he reside when he entered the service? Rehoboth  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 2 living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The Affirmation not attested to be credible. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Spencer Easton Examining Clerk.

Amos H. Hinton
Rural
7 Mts
adm
116.6
14 06.
Jan'y 9. 1853
$ 23.33
H. J. L. Hodge,
A R

6. Were you a Soldier or an Officer? if 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? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it?
Answer, I am a private soldier and received my discharge orally from my commanding officers, as did the others of the respective companies to which I belonged.
7. State the names of the 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.
Answer - He refers to the Rev. Alvan Cobb, Hon. James L. Hodges -
And the said Amos Kelton doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or if any only on that of the agency of the State of
Sworn to and subscribed, the day and year aforesaid.
Amos Kelton H. D. Dyer , Judge of Probate.
WE Alvan Cobb a Clergyman - residing in Taunton and James L. Hodges - residing in the same town hereby certify that we are well acquainted with Amos Kelton - who has subscribed and sworn to the above declaration; that we believe him to be seventy two 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 to and subscribed, the day and year aforesaid.
Alvan Cobb  James L. Hodges H. D. Dyer , Judge of Probate.
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 abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Alvan Cobb - who has signed the preceding certificate is a Clergyman - resident in the town of Taunton - in said County of Bristol, and that James L. Hodges - who has also signed the same is a resident in said town, and is a credible person, and that their - statement is entitled to credit.
H. D. Dyer , Judge of Probate.
COMMONWEALTH OF MASSACHUSETTS, BRISTOL ss.
Anselm Bassett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Amos Kelton of Taunton - in said County, for a Pension. In testimony whereof I have hereunto set my hand and seal of the said Court the day and year first above written.
Anselm Bassett

COMMONWEALTH OF MASSACHUSETTS.
BRISTOL, ss.
AT A COURT OF PROBATE holden at Dighton in and for said County on the fifth day of October one thousand eight hundred and thirty-two, before the HONORABLE HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared Amos Kelton a resident of Taunton in the County and Commonwealth aforesaid, aged Seventy two years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
That he served as a private soldier in the War of the Revolution; two campaigns, one of four and one of three months, as he more fully states in his answer to the fifth interrogatory subjoined.
and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit
1. Where, and in what year were you born?
Ans. That he was born in Rehoboth in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and Sixty .
2. Have you any record of your age; and if so, where is it?
The record of my age was made by the Town Clerk of Rehoboth, a copy of which will accompany this declaration.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
Answer. When I entered the service, I lived in Rehoboth aforesaid; where I lived twenty nine successive years, when I removed to Taunton in the same County and State and where I have ever since resided.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
Answer. In both campaigns I enlisted as a volunteer.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service.
4 mo. I served as a private at Dorchester Heights near Boston , in the War of the Revolution, in the year 1776 , four months . The officers of the company to which I belonged were Capt. Isaac Hodge , and Lieutenants Abdiah Bliss and John Davis . Col. Sturdivant , whose Christian name I have forgotten, commanded the Regiment, and Nathan Daggett was the Major. I also served in the War of the Revolution, as a private, at Bristol and Howland's Ferry , in the State of Rhode Island , three months , my service commencing December 28. 1776 in the company commanded by Capt. James Hill and first and second Lieutenants, John Davis and Samuel Brown .
3 mo. months,

Commonwealth of Massachusetts County of Bristol ss } September 5 th 1832 I Isaac Perry of Attleborough in the County aforesaid of the age seventy five years having been duly sworn do testify and say that I was a Soldier in the Army of the Revolution at Bunkerhill heights (So called) in the State aforesaid for the term of four months and Amos Kelton was in the the same Company with me and served the same term of time aforesaid and we served under the command of Capt Isaac Hodges; and Michael Bliss and John Davis was the Lieutenants of said Company; and in Col. Francis Regiments and Nathan Dazgetts was Major; in the year 1776
Sworn to and Subscribed before me } Isaac Perry one of the Justices of the Peace for said County of Bristol } Seneca Sanford Justice of the Peace
Commonwealth of Massachusetts County of Bristol ss } September 18 th 1832 I Ezekiel Pettis of Rehoboth in the County aforesaid of seventy eight years of age having been duly sworn do testify and say that I was a Soldier in the Army of the Revolution at Bristol and Howlands ferry in the State of Rhode Island for the term of three months and Amos Kelton was in the same Company with me and served the same term of time aforesaid of three months and we served under the command of Capt James Hill John Davis first Lieut. Samuel Brown Second Lieut. and in Col. John Dazgetts Regiment this Service was performed in the year 1776 and 1777 commencing Dec 28 th of 1776 and the same Amos Kelton is now present in the taking of this Deposition } Ezekiel Pettis
Bristol ss
Subscribed and sworn to the day and year above written before me Richard Wastcott Justice of the Peace
Washington D.C. Jan. 12 th 1833.
I hereby certify that the above witnesses, Perry & Pettis are credible men
James L. Hodges

Commonwealth of Massachusetts
Bristol ss.
I, Anselm Bussell, Register of the Court of Probate in and for said County, do hereby certify that Seneca Sanford and Richard Wastcoat are Justices of the Peace for said County of Bristol & that the signatures to the within Affidavits purporting to be theirs, are the genuine signatures of said Sanford & Wastcoat.
In testimony whereof, I have hereunto set my hand and the seal of said Court, this thirty first day of October eighteen hundred & thirty two.
Anselm Bussell

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Oliver Hutton which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. Has he mentioned 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? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 1/1 XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? _____ XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? _____ XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? AD Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 1/1 XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 1/1 XVI. Are the papers authenticated as the regulations direct? 1/1 XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1/1 _____
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon the end 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.