Revolutionary War Pension and Bounty Land Warrant Application File S. 29949, for Elijah Kingsley, Massachusetts

SERVICE
NUMBER
Miss
Kingsley, Elijah
S. 299.49
CONTENTS
[Faint, illegible handwriting on the left side of the CONTENTS section]
[Faint, illegible handwriting on the right side of the CONTENTS section]

Dead
Paid at the Treasury under the Act of the 6 th April 1838 from 1 st Sept 1839 to 30 th Oct 1839. Age notified 1 March 1841
10.615
Massachusetts
Elijah Kingsley
Resident in the State of Mass who was a Private in the Company commanded by Captain Wells of the Regt. commanded by Col. Whitcomb in the Mass one for 28 days Service 9 months, Sergeant - 3
Inserted on the Roll of Massachusetts at the rate of - $18 - Dollars 22 - Cents per annum, to commence on the 24th day of March, 1831.
Certificate of Pension issued the 16 th day of April 1835 and sent to Mr. Geo. Merrill Springfield Mass
Arrears to the 24th of March 1833 $96.44 Semi-annual allowance ending 4 Sept 24.11 $120.55
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathl. D. Johnson Clerk, Book 2 Vol. 92 Page 15

Elijah Kingley
22, 3/3
Sage 9 Mns Pulch 28 days
Mr Geo Merrill
E. H. Lord Esq
Greenfield man

BRIEF in the case of  Elijah Kingsley  of Barnstable in the State of  Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 90 years  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.     In April In 1775. . . . . . . . . . . . . . . 28. minute man Genl: William Dyer: Mils   1778. . . . . . . . . . 9. . . . . serjeant Genl: Whitcomb: Mils  
 5. In what battles was he engaged? At Bunker Hill  6. Where did he reside when he entered the service? Barnstable, Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? one living witness and documentary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? correctly authenticated 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.
X

Elijah Kingsley Bernardston
22 3/3
Elijah Kingsley

Commonwealth of Massachusetts.
FRANKLIN COUNTY ss.
ON THIS sixteenth day of August A. D. 1832, personally appeared in open Court, before the said Commonwealth, now sitting at Greenfield within and for the said County of Franklin, Elijah Kingsley a resident of Barnardston in the County and Commonwealth aforesaid, aged ninety years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of an act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
I entered the service of my country, as a soldier of the revolution, in April A.D. 1775, as a volunteer minute man in the state service and served four weeks as such. I with others went direct from Barnardston to Cambridge Massachusetts in small parties. When we arrived at Cambridge Colonel Samuel William took the command of us. Our Lieut. Col. I do not recollect. Our Maj. was Lief. Dickinson, I think. Capt. Agrippa Wells. Lieut. Ezekiel Foster were the officers of our company. General Ward of Peterham Ma. had the command at this time at Cambridge. I resided in Barnardston aforesaid when I entered the service. Immediately after the expiration of my four weeks service above mentioned, I enlisted, without leaving the service, for eight months. The same Capt. Agrippa Wells and Lieut. Jacob Pool were the officers of our company during this period of my service. The officers of our Regt were Col. Asa Whitcomb. Lieut. Col. Whitney. Maj. Sawyer. After the expiration of the time of my eight months enlistment, I continued in the service in the same company for one month longer at the request of General Washington, making in all eleven  this period of service ten months which I served as a soldier of the revolution. I was at the battle of Bunker Hill which happened on the 17th of June A.D. 1775. I think I recollect that it was an exceedingly warm day. We repulsed the enemy twice, & our ammunition failing we retreated from the Hill. Charlestown was burnt at the time of this battle. I was orderly sergeant during this period of my service. As evidence of my services I herewith transmit certain papers which were used by me as sergeant of the company. The Order signed "Asa Whitcomb Col." was directed to me as sergeant of the guard. Marked A. The certificate marked B is the original & true certificate of Asa Whitcomb. The paper marked C came into my hands as sergeant of company. The papers marked D are rolls of our company which I had as sergeant.
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.
Attest E. Alvord Clerk
E. Kingsley
WE,
residing in
hereby certify that we are well acquainted with
believe him to be
who has subscribed and sworn to the above declaration; that we 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 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
Attest E. Alvord Clerk
I, ELIJAH ALVORD, Clerk of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elijah Kingsley for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my Hand and affixed the Seal of the said Court, this sixteenth day of August in the year of our LORD one thousand eight hundred and thirty two.
E. Alvord Clerk.

29949 Ray INVALID.
File No. 29,949
Elijah Kingsley Sergt Rev. Me.
Act: June 7 th 82 nd
Index:—Vol. 9, Page 929.
[Arrangement of 1870.]

Elijah Kingsley S.F. 29949 A report of Captain Gideon Parker's main guard on Prospect Hill, Dec. 1, 1775 and a roll of Captain Agrippa Wells co. Col. Asa Whitcomb's regt. Mass. Troops have been removed from from this claim to be forwarded to the War Dept.
D.S. Oct. 18, 1910
Sent to War Dept Jan. 16, 1913

Camp at Prospect Hill November 9 th 1875 To the Serjeant of the quarter guard
That whereas Samuel Severy has made satisfaction to General Walton for his fighting, railing & bad language this is to order you to deliver up the said Samuel Severy & set him at liberty Also what ever cash
A

(camp) at prospect hill. November 18 th 1777.
B
This may certify that Elijah Kingsley was appointed co & lived as third Serjeant in Capt. Agrippa Wells's company in Col. John Whelcomb's Regiment in the continental Army under the command of General Washington Esq. &c. Agrippa Whelcomb full

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Elijah Hingley 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? No XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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? yes XVI. † Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 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 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.
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 authenticates 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 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
January 22 d , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," the child n of Elijah Kingsley, dec d a Pensioner on the Roll of the Massachusetts Agency, at the rate of Forty eight Dollars and 22 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 30 th Oct. 1839.
Respectfully yours,
Almon B. Farnsworth Comptroller.
To the Commissioner of Pensions, Present.

Elijah Kingsley Lebanon State Aff.
E. Kingsley

I Zebediah State of Bernardston in the County of Franklin and Commonwealth of Massachusetts of seventy six years of age do hereby testify that in April A.D. 1775 I entered the service of my country as a soldier of the revolution that I left home in sd April and in about four weeks I think I enlisted for eight months in the Massachusetts militia service. That I served under Colonel Whitecomb, and that the officers of our company were Capt. Agrippa Wells & Lt. Ezekiel Foster. and that I went from sd Bernardston to Cambridge Ms. where I did the service. I was out nine months as a soldier of said. I know Elijah Kingsley of sd Bernardston and know that he entered the service at the same time that I did. He was in the same company with me. I saw him almost every day. He was my sergeant I left said Kingsley at Cambridge aforesaid when I left the army. I have no doubt but that the sd Kingsley served nine months at this time. I have long been acquainted with the said Kingsley & know him to be a credible man. and the sd Kingsley is now present while I give this my Deposition.
Zebediah State
Commonwealth of Massachusetts Franklin County ss.
On this sixteenth day of August A.D. 1832 personally appeared Zebediah State and made oath that the above deposition by him subscribed is true and nothing but the truth. and I hereby certify that the sd State is a credible witness & entitled to belief, according to my best knowledge & belief -
Before me { Hanson Clark Justice of the Peace

Commonwealth of Massachusetts
Franklin ss. I Elijah Alvord, Clerk of the Court of Common Pleas of Commonwealth of Massachusetts for the county of Franklin do hereby certify that Alanson Clark Esq before whom the within affidavit was made and sworn to is a Justice of the Peace for the said county, and that his name thereto subscribed is his genuine signature.
And I do further certify that the papers hereto annexed marked A. B. C. & D were produced by the within named Elijah Kingsley in filed in court and that they are the same papers which are referred to in his declaration for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of said court this sixteenth day of August A. D. 1833 E. Alvord Clerk