Revolutionary War Pension and Bounty Land Warrant Application File S. 29488, for Ebenezer Sumner, Massachusetts

SERVICE
NUMBER
Mass.
Sumner, Ebenezer
S. 29488
CONTENTS
Two columns of horizontal dotted lines for recording contents. There are some faint handwritten marks in the center of the page, including a vertical line and a curved stroke.

1818 Massachusetts
Ebenezer Sumner
of (Norfolk) in the State of Mass who was a private in the Comp commanded by Captain King — of the Regt , commanded by Col. Brewer — in the Mass line for 11 Mo
Inscribed on the Roll of Mass at the rate of 86 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Aug , 1831 and Anno  6. S. Selard Notary
Arrears to the 4th of Mar '31 $73.32 Semi-ant. allowance ending 4 Sep '31 $18.33 $91.66
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by A. Atkin Clerk, book 6 , Vol. 2 , Page 79

Genezer Summer Map
Muncian 11 months
1486 S. 382 May 8 1833
8893
E G Leland Roxbury Mass

BRIEF in the case of  Ebenezer Sumner  County of Norfolk  in the State of  Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? from Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served. Gen.   Years, Months, Days.     In 1776 8 Musman Col. King Col. Drown   1778 3 " " Sully "  
 5. In what battles was he engaged? no battle  6. Where did he reside when he entered the service? Taunton Co of Bristol Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary and one Living Witness  8. Are the papers defective as to form or authentication? and if so, in what respect? The credibility of the living witness is not questioned 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Edw. Leland
8893
Edwin P. Leland

Commonwealth of Massachusetts.
County of Norfolk ss.
On this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Sessions now sitting at Norbury in and for said County, Elmer Sumner a resident of Dorchester in said County, aged seventy five , 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 A. D. 1832.
THAT he was born at Taunton in the county of Bristol and state of Massachusetts on the seventeenth day of November A. D. 1755, and that there is a record of his birth in said county: that he was in the United States service from the 10th day of April A. D. 1775, to the 10th day of June A. D. 1775, as a fifer in the 1st Massachusetts Regiment : that he was residing at Taunton in the county of Bristol at the time when he entered the service; that he engaged as a fifer and served for the period aforesaid under the command of Captain Isaac Loring that is for the full term of eight months: that he marched from Taunton to Norbury , from where to he  from  to remained eight months : that he served at Norbury with Col. Brewer's Regiment of the regular troops ; and Col. Brewer's other subordinate regular officers were known to him : that he was in no battle and at the end of his service received no written discharge: that since the Revolutionary war he has resided at Taunton in the county of Bristol aforesaid and at Dorchester in the county of Norfolk.
ALSO: that he was in the United States service from the 10th day of April A. D. 1778, to the 10th day of July A. D. 1778, as a fifer in the regular army : that he was residing at Taunton aforesaid when he entered the service; that he engaged as a fifer and served for the period aforesaid under the command of Captain Samuel Jones of Taunton in the county of Bristol: that he marched from Taunton to Fredericksburg , from where to he  from  to remained three months : that he served at Fredericksburg with Captain Samuel Jones of the regular troops; and regular officers were known to him : that he was in no battle and at the end of his service received no written discharge. and there is no documentary evidence of his service
ALSO: that he was in the United States service from the 10th day of April A. D. 17 78 , to the 10th day of July A. D. 17 78 in the regular army : that he was residing at Taunton when he entered the service; that he and served for the period aforesaid under the command of Captain Samuel Jones : that he marched from Taunton to Fredericksburg , from where to he  from  to remained three months : that he served at Fredericksburg with Captain Samuel Jones of the regular troops; and regular officers were known to him : that he was in no battle and at the end of his service received no written discharge.

I, Jeremiah Sumner of Taunton in the County of Bristol and State of Massachusetts of lawful age on oath Depose and say that I am well acquainted with Ebenezer Sumner of Dorchester in the County of Norfolk and State aforesaid who is an applicant for a pension as a surviving soldier of the revolution. that his character for truth is perfectly good that he was a soldier in the American Revolution, that I served with him in the Army of the Revolution and that I have known him ever since, his first term of service in the army was eight months Jeremiah Sumner
Taunton August 3 d 1832 Then personally appeared the above named Jeremiah Sumner and made oath that the above affidavit by him subscribed is true
Before me
Geo. B. Alwood Jur. Com.
I hereby certify that the said Jeremiah Sumner is a credible witness
Hezekiah D. Dike
Ebenezer Sumner the son of John Sumner & Temperance his wife was born in Taunton November 17. 1756
As appears on Record in Town Book
Attest Alfred Williams Town Clerk

I James Sprout Clerk of the Court of Common Pleas for said County of Bristol. do hereby certify that George B. Alwood Esq. whose signature is affixed to the within certifi- cate, is a Justice of the peace in for said County, and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this fifth day of August in the year of our Lord one thousand eight hundred and thirty two J. Sprout

AUG. 7.
6
Mr Eben Sumner Dorchester To care of Mrs Holden Ms.

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 first aforesaid.
Elmer Sumner
We Thaddeus Mason Harris D.D. a clergyman, residing in the town of Winchester
and Thomas Morely residing in said town hereby certify that we are well acquainted with Elmer Sumner who has subscribed and sworn to the above declaration; that we believe him to be seventy six 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 as aforesaid.
Thaddeus Mason Harris D.D. Thomas Morely
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 solier and served as he states as he states. And the court further certify that it appears to them that Thaddeus Mason Harris , who has signed the preceding certificate, is a clergyman, resident in the said town ; and that Thomas Morely who has also signed the same is a resident in Winchester and is a credible person; and that their statement is entitled to credit.
William Libbey Judge of Probate
I Samuel Haxon, Regt of the Court of Probate aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Elmer Sumner , for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Haxon

8893 Ebenezer Sumner
E. S. Leland Esq. Roxbury Mass

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Ebenezer Sumner which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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? yes
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
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? no
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? yes
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 shewn 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.

29 488 Rev INVALID.
File No 29, 488
Ebenezer Sumner
Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 405
[Arrangement of 1870.]