Revolutionary War Pension and Bounty Land Warrant Application File S. 11,500, for Phillips Sweetser, Massachusetts

SERVICE
NUMBER
Miss
Sweetser, Phillips
S 11500
CONTENTS
Carded
Betsey Smitser or Sweetser widow of above soldier was pensioned as former widow of James Bates, No. 22349

6626
New Hampshire
Phillips Sweetser
of Manchester in the State of N. H. who was a private in the company commanded by Captain Warner of the Reg t commanded by Col Whitney in the New Hampshire line for 15 Months Mass.
Inscribed on the Roll of New Hampshire at the rate of - 50 - Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 rd day of March 1833 and sent to Hon St Hubbard H. R.
Arrears to 4th of March 1833 100.00 Semi-ann. allowance ending 4 Sept 25.00
$125.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Book 2
D r James Boyd Clerk, Vol. 1
Page 183

10318
Phillips Sweetser
Marlborough Me
15 Month
amt $30 -
Warner Whiting
Ho' H. Hubbard HR
Thos Edwards Keene A. H.

BRIEF in the case of  Phillips Sweetser  of Marlborough in the State of New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy two 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. As a Gen.     enlisted In 1776 May 6 Capt Warner, Col Whitney   " 1777 Dec 3 Capt Sawyer, Col Dyke   " 1778 6 Capt Jackson, Col Wade Capt Agay, Col Jacob  
 5. In what battles was he engaged? Sullivan's retreat.  6. Where did he reside when he entered the service? Leominster, Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two persons certify to traditional evidence Nathl Govey living witness, primary source in 1776 Isaac Davis primary source in 1778 Isaac Smith also primary source in 1777  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Root Examinings Clerk.

Declaration 10.318 of Phillip Sweely
Marlboro Cheh Co N.H.
Please return to W. M. Ladd Keene Cheh Co N.H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE.
On this ninth day of August personally appeared in open Court, Before Woon Aaron Matson Judge of Probate for said County of Cheshire Phillips Sweetser now sitting, Levi Faxon , a resident of Marlborough in the county of Cheshire and State of New Hampshire aged seventy two y rs last April 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
1 st In the year 1776 - enlisted for six months in May in capt William Warner's Comp y - Suits Sanderson & Sawyer , in Col Josiah Whitney's Reg t  Massachusetts troops - marched to Boston then to Stansted , employed in guarding Coast and building fort - dismissed there the first of December . - 2 d In 1777 - enlisted for three months in capt Mannassah Sawyer's Comp y - Suits Sawin - Col Nicholas Dyer's Regiment - commenced this service in Dec 1777 and continued to March 1778 - stationed at Portsmouth Mass. Kept guard at the fort and on the coast - dismissed there. - 3 d In 1778. enlisted again for six months , in capt Jackson's Comp y . Suits Stone & Royes - Col Nathan Hale's Regiment , Mass troops - marched to Providence thence on to Rhode Island under General Sullivan in his attack upon the British - after the retreat from the Island - he was transferred to Col. Agassiz's Company , Col Jacob's Regiment and stationed at Fall River in Tiverton - and there dismissed the first of January -
was born in Leominster Mass - in 1760 - expect there is a record of his birth there - volunteered in all the services - went from said Leominster in the two first services & in the last from Winchendon Mass . - have lived since the war  in my new line in Rayalston Mass and Marlborough N.H. - recollects that Gen. Sayre brought off the rear guard when Gen. Sullivan retreated that Gen. Ward commanded some of all the troops at Dorchester Nantasket, but is not certain - recollects Capt Brown's gun at R.I. - never had any written discharge - Elias Hemenway of said Marlborough , live near mine and 5th . He hereby relinquishes every claim whatever to a pension or an annuity, except the present,
and he declares that his name is not on the Pension Roll of the Agency of any State.
Phillips Sweetser
Sworn to and subscribed the day and year aforesaid.
before me Woon Matson Judge of Probate

We, Ebenezer Hemenway and Elias Hemenway both of said Marlborough etc
hereby certify, that we are well acquainted with Phillip Sweetser 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.
Ebenezer Hemenway Elias Hemenway
Sworn and subscribed the day and year aforesaid.
before me Aaron Morton 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 above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certi- fies, that it appears to them that Ebenezer Hemenway and Elias Hemenway who have signed the preceding certi- ficate are residents of Marlborough aforesaid and are credible persons and that their statement is entitled to credit
Aaron Morton Judge of Probate
I, Asa Parker Register of the Court of Probate for the County of Berkshire do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Phillip Sweetser for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this ninth day of August A.D. 1832
Asa Parker } Register of the } Court of Probate
ad from Rhode Island and thinks he did at and Capt Lamb's Companies Ebenezer Hemenway and who can testify as to my character & services

Rev. War
11500 INVALID.
File No. 11,500
Phillips* Sweetser- Brn. Rev. War
Act: June 7 th 1832
Index:—Vol. 9 , Page 866
[Arrangement of 1870.]
Phillips* Sweetser Records corrected July 6 1905 f

Depo. to P. Irvine

I Joel Miles of Fitzwilliam in the County of Cheshire & State of New Hampshire aged seventy five years truly and say that in December 1778 I enlisted for three months as a private in the Massachussetts troops in the war of the Revolution and served said three months at Dorchester in Captain Manasseh Sawyers company and Col. Nicholas Dikes Regiment and then Phillips Greenes company of second inst. Massachussetts, now of Marlborough New Hampshire served as a private in the same company for the said term of three months.
Given under my hand this 10th day of March in the year of our Lord one thousand eight hundred and 82. Joel Miles personally appeared and made oath that the above affidavit by him subscribed contains the whole truth & nothing but the truth
Before me Levi Chamberlain. Justice of the Peace
I certify that Joel Miles above named is a credible witness.
Levi Chamberlain Justice of the Peace
I know Levi Chamberlain is a Justice of the Peace as stated and the above is his signature
Attest: (Signature)

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

 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? No  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  Co. 2 out of 3  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? Pro  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 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.

Isaac Davis clerk for P. Sweetser To 3 rd service

I Nathaniel Evans of Stoddard in the County of Cheshire and State of New Hampshire aged twenty three years do hereby certify and say, that in the year 1776 - In the last of May I enlisted for six months in the service of the United States in Capt William Warner's Company, in Col Josiah Whitney's Regiment of Massachusetts Militia - and had said six months, first for a short time in Boston - and then at Charlestown - & remained there through the rest of the said term - That I then went from Leominster Mass - That Phillips Switzer now of Marlborough in said County of Cheshire then of said Leominster, enlisted and marched with me through the whole service aforesaid in the same Company, and was dismissed at the same time that I was, which I think was the first of December -
Nathaniel Evans
State of New Hampshire Cheshire - Sept 8. 1832
Subscribed & sworn to
Before me Thomas M Edwards Justice of the Peace
I certify that the above deponent is a credible person -
Thos M. Edwards Justice of the Peace.
Cheshire Sept 13. 1832
I Salma Hale, clerk of the Superior Court of Judicature in and for said County, certify that Thomas M. Edwards is a Justice of the Peace in and for said County and that the foregoing are his signatures in testimony whereof I hereunto affix the seal of said Superior Court of Judicature -
S. Hale Clerk

I Isaac Davis of Roxbury County of Bristol State of Massachusetts aged Seventy six years testify and say that I am well acquainted with Phillip Switzer now of Marlborough in said County, that said Phillip Switzer to my knowledge served in the Revolutionary War in the year 1778 - six months - that we were at Rhode Island both in the same company - first in Captain Jacksons, and Col Wades Regiment - & the latter part of the time in Capt Edgelys Company - in Col Jacobs Regt both having been transferred at the same time - that we were in this service when Genl Sullivan attacked the British on Rhode Island - and were both dismissed the last day of Dec r in said year. -
Bristol Co. State of Massachusetts
Isaac Davis
Subscribed & sworn to
Before me Thomas M. Edwards
Just Peace
I certify that the above deponent is a credible person Thomas M. Edwards
Just Peace.
Bristol Co. Sept 13. 1832
I Salma Hale clerk of the Judicial Court in said county certify that Thomas M. Edwards is a Justice of the Peace in and for said county - and that the foregoing are his signatures. - In testimony whereof I hereunto affix the seal of our Superior Court of Judicature
S. Hale, Clerk