Revolutionary War Pension and Bounty Land Warrant Application File S. 30743, for Joseph Todd, Massachusetts

SERVICE
Todd, Joseph
NUMBER _____
S. 30743
CONTENTS

15569 Massachusetts
Joseph Todd
of Weymouth in the State of Mass who was a Private in the Company commanded by Captain Williams of the 1st  Regt commanded by Col Putnam in the Mass line for 6 months
Mrs
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24th day of June 1833 and sent William Moat  Newport Mass
Arrears to the 4th of March 1833 $40.00 Semi-ant. allowance ending 4 Sept " 10.00
$50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. Addison Clerk, Book E Vol. 2 a Page 84

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this Eleventh day of September A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Joseph Dadd , a resident of Methuen , in the County of Essex and State of Massachusetts, aged 78 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 7, 1832:
That he entered the service of the United States, under the following named officers, and served as herein stated:
That he voluntarily enlisted in the Company commanded by Capt. Benjamin Adams in the Regiment commanded by Col. Titcomb, in the month of December in the year 1775, to serve three months, and that he did serve at Roxbury in said Commonwealth the said term.
That he again voluntarily enlisted in the Company commanded by Capt. Silas Adams, in the Regiment commanded by Col. Titcomb in the month of April in the year 1778, to serve three months, and that he did serve at Bristol and other places in the state of Rhode-Island, the said term.

That he was born in Mowry in the year 1754 and his birth duly recorded in the records of that town - he was living in Mowry when called into service, since the Revolutionary war he has lived several years in the state of Maine. He now lives in Mowry. - he was called into service by voluntary enlistment as before stated, - he does not recollect the names of any General officers. He never received any written discharge - he names Willard Holbrook & Thomas Gage as persons to whom he is known
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.
Joseph Todd
Sworn to and subscribed the day and year aforesaid
D. H. Pierce
JUDGE OF PROBATE.
We, Willard Holbrook a clergyman, residing in Mowry aforesaid, and Thomas Gage Esquire, a magistrate, residing in Mowry aforesaid, do hereby certify that we are well acquainted with Joseph Todd who has subscribed and sworn to the above declaration; that we believe him to be 78 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.
Willard Holbrook
Thomas Gage
Thos Gage Subscribed and sworn to before the above
before D. H. Pierce Judge of Probate
Willard Holbrook subscribed and swore to the same before Thomas Gage Jus. Pac.

And the said Court hereby declares its 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 Willard Hathorne who has signed the preceding Certificate, is a Clergyman resident in Maudslay and that the said Thomas Gage who has also signed the same is a Magistrate resident at Maudslay and is a credible person and that their statement is entitled to credit.
D. H. Hill Judge of Probate
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Toad for a pension. , also that Thomas Gage is a Justice of the Peace for the said county of Essex, and that his signature to the annexed affidavits is genuine, as is also that of William Waunt - well known to me
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this eleventh of September
A. D. 1832.
day
Nathl. Lord Jr.

I Jabez Farley of Providence in the county of Essex and Commonwealth of Massachusetts do hereby certify and declare that I am well acquainted with Joseph Todd of Roxbury and do know that said Joseph Todd was a private and served in the army of the Revolution in the company commanded by Capt. Silas Adams in Colonel Dillens Regiment and served there at Rhode Island three months from April 1778.
Jabez Farley
Essex ss Newburyport July 18 th 1832. Then Jabez Farley again chosen and who is person- ally well known to me made oath in due form of law to the truth of the above written decla- ration by him subscribed - I do further certify that the said Jabez Farley is personally known to me and is a credible witness.
W. W. Gaus Justice of the Peace

Joseph Todd
22749

I Daniel Jewett of Mowley in the County of Essex and Commonwealth of Massachusetts, Yeoman, being of lawfull age do before testify and say, That Joseph Todd of Mowley aforesaid, Cordwainer, did some time in the month of December in the year of our Lord one Thousand Seven hundred and seventy-Six, enlist as a private in the company commanded by Capt. Benjamin Adams of Mowley aforesaid, which company belonged to the Regiment commanded by Col. Titcomb of Newburyport, which enlistment was for the term of three months, and that he actually served the said term at a place called Garraica Plains in the town of Roxbury in said Commonwealth.
The Subscriber a Justice of the peace within and for said County of Essex, hereby certifies that the foregoing deposition was written and prepared for the signature of the above named Daniel Jewett on Monday the 19 th day of July instant, on which day the said Justice called upon said Jewett and found him confined to his bed & so confined by sickness to be incapable of completing the deposition, and that he was not afterwards capable of completing the same to the time of his death, which took place on the 29 th day of July instant.
Dated at Mowley July 30 th 1832. Thomas Gage Jus. Pac.
We Silas Pillsbury and Nehemiah Johnson both of the above named town of Mowley, do hereby certify that we heard the aforesaid Daniel Jewett in his life time state all the material facts set forth in the above written draft of a deposition. Nehemiah Johnson
Dated at Mowley July 30. 1832, Silas Pillsbury

22719 Joseph Todd Mass
Paid 6 Months
AM
Mr. Clark Newburyport Mass

WAR DEPARTMENT,
Pension Office,
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 subjocined 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. These 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 Joseph Wood  East Essex Co Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlist 1776 3 priv Capt Adams Col Lee { Norbury 78 yrs Traditionary living witness to period of service   " 1778 3 " Adams Lee { Mass Bristol R Island Roxley Mass  
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) _____, who has 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 day 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 he 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 [i] 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.

Hon. Lewis Cass Secretary of War Washington

Newburyport February 11th 1833.
Hon. Lewis Cass.
Secretary of War
Sir
Permit me to forward you herein the application of Joseph Foad of Pawleyp for a pension under the act of Congress of the 7th June 1832, with such evidences as appear within his power to annex — and also to return the papers and evidence in the case of Nathaniel Hill, now deceased, amended as required.
I have the honor to be
very respectfully
Yr Most Ob't Serv't
W. W. Gage

Bounty land not searched- J. L. F.

30 743 Rev INVALID.  am
File No. 30, 743
Joseph Loda Rev Rev
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 421
[ Arrangement of 1870. ]