Revolutionary War Pension and Bounty Land Warrant Application File S. 22859, for Thomas Kilton, Massachusetts

SERVICE
NUMBER
Miss
Hilton Thomas Hilton or
S. 22859
CONTENTS
[Faint, illegible handwriting on the left side of the CONTENTS section]
[Faint, illegible handwriting on the right side of the CONTENTS section]

27189
New Hamp. Thomas Hilton
of Richmond in the State of NH who was a private in the 6 comp y comma d by Captain Hill of the Rifem t commanded by Colo. Daggitt in the Mch XX time for 6 Months private
Inscribed on the Roll of NH at the rate of 20 Dollars Cents per annu m to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of Feb. 1834 and Sent Hono. H Hubbard H. Representative
Arrears to the 4th of Sep r 1833. $ 50 Pens n -ant. allowance ending 4 th Mar 10 $ 60
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk Vol. Page 98
See letter to Isaac Walbridge May 26 1834

293 60 Declaration of Thomas Kelton Richmond Chesh Co Va 360 U.S.
Please return to Joseph Huber Esq. Richmond Va.
Hon H. Hubbard H R Admitted for 6 th Private Co. H. Colo. Dazgett

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, ss.
On this eleventh day of January 1834 personally appeared in open Court, before me Joseph Weeks, one of the Judges of the Court of Common Pleas in and for said County at the dwelling house of the late Barna Barras now sitting , Thomas Hilton a resident of Richmond in the county of Cheshire and State of New Hampshire aged eighty two years last July 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 That in the year 1776 about the 15 th of November he turned out on an alarm from Rehoboth Massachusetts, in a company commanded by Capt James Hill - Lieutenants John Davis marched to Bristol Rhode Island and was stationed at or near Howlands ferry and did duty there until the 8 th of December - that he then enlisted for three months under said Captain Hill - in Col Daggett's Regiment Lt Col Hathaway - and was stationed at Newtown R. I. for the most of the time, and was discharged there about the 8 th of March 1777 at the end of his term. - making a continuous service of three months & not less than 22 days. 2 d In 1777 soon after the expiration of the above service he removed to Warwick Massachusetts and in the last of September, he recollects that it was about planting time, he turned out as a volunteer under Captain Peter Moul of Warwick - under Col Samuel Williams and marched to the Northern and crossed the Hudson River at a place called Half Moon - and was stationed at Stillwater - Saratoga - and at a creek near Fort Edward where after he had served some more than three months he was unwell, unable to do duty, and was discharged - returned home. - The exact day when he was discharged he cannot state - or the day when this service began -

That in all his said services he served not less than six months & twenty two days . —
That he was born in Rehoboth Mass, in the year 1751. That he supposes there is a record of his age there. — That when he entered the first service he was living at Rehoboth — & the second in Warwick Mass — and has lived at said Warwick & Richmond since the Revolution, & now lives at said Richmond. — That he was a volunteer in all said services.
That he recollects in his first service that the British were on Rhode Island, & that his duty was guarding the coast — not many troops where he was. — In his second service recollects that he was on his way home at the time the battle of Bunkerhill took place. as the first can't recollect any other officers than he has stated. — Service that  never  are any written discharge — sends all the proof of his service that he can procure. — is known to Rev Nathaniel Bolles, and Timothy Pickering his townsmen who can testify as to their belief of his service.
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.
Thomas Kelton.
Sworn to and subscribed the day and year aforesaid.
Before me Joseph Weeks Judge of the Court of Common Pleas for said County.
We, Nathaniel Bolles a clergyman of Richmond aforesaid and Timothy Pickering of said Richmond —
hereby certify, that we are acquainted with Thomas Kelton who has subscribed and sworn to the above declaration; that we believe him to be Eighty 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.
Nathaniel Bolles Timothy Pickering
Sworn and subscribed the day and year aforesaid.
Before me Joseph Weeks Judge of said Court
I Judge do hereby declare their  my 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  me that Nathaniel Bolles who has signed the preceding certificate is a Clergyman resident in said Richmond — and that Timothy Pickering who has also signed the same is a resident in said Richmond, and is a credible person & that their statement is entitled to credit. — and I further certify that said Thomas Kelton the applicant is by reason of bodily infirmity wholly unable to attend in Court.
January 14th 1834 Joseph Weeks Judge of the Court of Common Pleas
do hereby certify, that the foregoing contains the original proceedings of the 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 _____

I am well acquainted with the Hon. Joseph Weeks of Richmond N.H. and I do hereby certify that he a Judge of the Court of Common Pleas for the County of Cheshire in New Hampshire and that the within official signature is in his own hand writing and that he is a man of irreproachable character -
July 15. 1894
Henry Kirtland M.P.

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
L. W. I. 25.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
March 11, 1897.
Sir:-
Replying to your request for information concerning the military record of Thomas Kilton, a soldier of the Revolutionary war, you are advised that he made an application for pension on January 11, 1834, at which time he was 82 years of age and residing at Richmond, N. H., and his pension was allowed for six months' actual service as a private in the Mass. troops, Revolutionary war; a part of the time he served under Capt. Hill and Col. Daggett. He enlisted at Rehoboth, Mass.
Very respectfully,
Commissioner.
Mr. H. S. Foster,
Fort Leavenworth, Kansas.
Co. C. 20th U. S. Inf.
Howland's Ferry, where he was discharged, - is now known as "the Stone Bridge," in Tiverton, R. I.

story to the Kansas. to Mrs. Leavworth Ks.
Revolution
22859 INVALID.
File No. 22,859
Thomas Milton
Phila. Pa.
Act: June 7 th 1894
Index:—Vol. 2 , Page 221
[Arrangement of 1870.]
Mch. 11. 1897. His Mr. H. S. Foster - Fort Leavenworth
May 24/97 History H. S. Foster. Ft. Leavenworth

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
L. W. B. I. 22859.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS.
WASHINGTON, D. C.,
O. W. & N. DIV. REVOLUTIONARY.
May 24, 1897.
Sir:-
Replying to your communication of a recent date you are advised that the records on file in this Bureau do not show the date of death of Thomas Kilton, a soldier of the Revolutionary war. The desired information can probably be obtained, however, upon application to the Hon. Auditor for the Interior Department, Treasury Department, this City, giving the soldier's history as furnished in this Bureau's communication of March 11, 1897, together with the following data: Cert. No. 27189; New Hampshire Agency; Act of June 7, 1832.
Very respectfully,
Commissioner.
Mr. H. S. Foster,
Co. "C" 20th U. S. Inf.,
Fort Leavenworth, Kansas.

Company C, 20th U. S. Infantry,
H. S. Foster,
Capt. 20th Infantry, Commanding Co. C
Fort Leavenworth, Kansas.
Feb. 3. 1897.
Chief, Record and Pension Bureau.
Dear Sir:-
Please kindly inform me of the date of death of Thomas Kelton, or "Kilton", as it was sometimes spelled, a pensioner of the revolutionary war, who is supposed to have drawn his pension in Grafton County, N. H., about 1830 or 1831 1835. Served with the troops from Massachusetts.
Would like also to know the place of death. I can give the the commands in which he served, and time he served, if necessary.
Yours respectfully,
H. S. Foster.

Addressed of Thomas Mellow in support of the election of Thomas Peterson

I Thomas Mallard of Warwick (county of Franklin) and State of Massachusetts Seventy five years of age before ever say that I am well acquainted with Thomas Nelson of Portsmouth New Hampshire but formerly of Warwick Massachusetts (my native town) that in the Spring or early in the Summer of 1777 my father John Mallard and the said Thomas Nelson with a number of others turned out as Volunteers to march to New York under Capt Peter Brant Sumner William Was the Col. and they marched as I understood to the north River in that same Season I worked at home on my father's farm Some time in August not many days from Bennington Battle my father arrived at home and said he had left the said Thomas Nelson with the Army or Sick on the Road I do not remember which neither do I know at what time the said Nelson did return in the Spring and Summer of 1777 there was frequent calls for troops to march to the northward Some went as early as the middle of May or before I have been acquainted with the said Thomas Nelson and since in the immediate neighbourhood with him fifty seven years or more and he has always been reported to have been a Soldier of the Revolution of which I have no doubt I believe the said Thomas Nelson to be about eighty two years of age
Thomas Mallard
Warwick Feb 11th 1831
Subscribed to Joseph Verrill Justice of the Peace

State of New Hampshire ) ss is hereby certify that the signature of the within  Sealed  Signature of Nathaniel is a credible witness this is to certify from fifty years personal acquaintance with him Joseph Weeks attune of the same
I know that the within named Joseph Weeks is a justice of the Peace, and that the signature purporting to be his, is genuine.
Henry Hubbard
Yr. C. friend
A. B.

Affidavit of Benjamin Hilton

I Benjamin Filton of Leyden in the County of Franklin in and Commonwealth of Massachusetts being about Seventy eight years of age do hereby certify that I am well acquainted with Thomas Filton now of Richmond in the County of Cheshire and State of New Hampshire but in the early part of his life he lived in Rehoboth in the Commonwealth of Massachusetts that being the place of his birth my nativity I further say that in the fore part of December in the year one thousand seven hundred and seventy five the said Thomas Filton and my self enlisted into Capt James Hills Company of Rehoboth our Lieutenant was John Davis we enlisted for three months and were stationed at first at Bristol Rhode Island and thence we marched to Tiverton and we did duty in that vicinity three months and were discharged on the eighth day of March following our enlistment in December we joined Col Daggitt's Regiment. Hathaway was our Lieutenant the said Thomas Filton is about eighty five years of age I further say that the said Thomas Filton marched from Wrentham Massachusetts with a number of others in Captain Peter Stocker's Company some time in the Spring of one thousand seven hundred and seventy seven for Savannah in the State of Georgia. He returned in the latter part of August following the exact time of his departure and return I do not recollect I further say that I believe and have no doubt but that the said Thomas Filton served as a volunteer on an alarm at Bristol Rhode Island three weeks previous to his enlistment in December 1775.
Benjamin Filton
State of New Hampshire Cheshire ss September the 23 1833 Personally appeared Benjamin Filton and made solemn Oath to the truth of the above affidavit by him subscribed
Before me Joseph Weeks Justice of the Peace
Cheshire ss Septm 23 1833 I hereby certify that Benjamin Filton sign of the above affidavit is a credible witness Joseph Weeks Justice of the Peace

I know that the within named Joseph Welch, is a justice of the peace; and that the signature purporting to be his, is genuine.
Henry Hubbard firm M H

Thomas Milton
29.360
Admitted — by order of Commissioner Pulwans
6 th Private Captain Colo Duggett
Gen. H. Hubbard House of Reps.

WAR DEPARTMENT,
Pension Office,
Jan'y 30th 1834
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 subjoined 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. Those 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 Thomas Hilton
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Turn Over

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 day 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) 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 days 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 the 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 inquiry 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 aid-meet.
[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. [1] 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.
[2] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
None of the papers are Legally Authenticated