Revolutionary War Pension and Bounty Land Warrant Application File S. 29277, for Edmund Kimball, Massachusetts

SERVICE
NUMBER
Mass.
Kimball, Edmund
S 29277
CONTENTS

15.206 Massachusetts
Set to Pension up to Nov 22 1834 Penz same - Nov 27. 1835
Edmund Kimball
of Efry in the State of Massachusetts who was a private in the Regt commanded by Captain Spurr of the Regt commanded by Col. Nigen in the Mass. time for 7 M. per 1907
Granted on the Roll of Massachusetts at the rate of 25 Dollars 22 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 6 day of Aug. 1833 and to  H. D. Merrill Salmon Merrill
Arrears to the 4th of Nov '33 $ 5 6 84 Semi-ant. allowance ending Sept '33  12 71 $63 55
5 Revolutionary Claim, Act June 7, 1832.
Recorded by (D. C. Stiles) Clerk, Book 60 , Vol. 10 , Page 11

1026090 Edmund Hiniball Essex County Massachusetts
Phila 7 Mo 15 days
\begin{array}{r} 23 \ 1 \ 9 \\ 2 \ 9 \ 9 \\ \hline 25 \ 42 \end{array}
Henry Merrill Salem Massachusetts

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 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 Edmund Kimball Essex county Massachusetts
   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.     Enlisted 1780 - 6 - Private Capt Spurr, Col Nixon 70 years Wendham Traditionary evidence alone which entitled credible papers   Enlisted 1779 - 1 19 " Capt Peabody, Col Gurnee Massachusetts correctly attached  
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, 1852.
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.
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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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 (1) 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 the proper authority, 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.
17 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.
[k] This traditional evidence is indispensable in militia cases.
[l] 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.

Edmund Kimball
~ 26,090
Please address reply to
Benj. Merrill
Salem,
Mass. Its

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 seventh day of May , 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, Edmund Kimball , a resident of Wenham , in the County of Essex and State of Massachusetts, aged 70 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 in June 1780 at Wenham enlisted as a Soldier in Capt. Spurr's Company in Col. Nixon's Regiment in the Massachusetts line on the Continental Establishment and served therein Six months and was stationed at Westpoint  and other parts of New York and in New Jersey and at the end thereof in Dec. was honorably discharged: That in the summer of 1779 he also enlisted and served as a soldier in Capt. Peabody's Company in Col. Jacob  Gerrish's Regiment of Massachusetts Militia and continued to serve therein one month and nineteen days and was honorably discharged:

B He was born in 176 2 at Wenham where he now resides: he has resided at Newburyport: he has no written discharge or record of birth and never had any. - he is known to Rev. Mr Sperry and Moses Foster Esq.
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.
Edmund Kimball
Sworn to and subscribed the day and year aforesaid
JUDGE OF PROBATE.
We, Ebenezer P. Sperry a clergyman, residing in Wenham aforesaid, and Moses Foster Esquire, a magistrate, residing in Wenham aforesaid, do hereby certify that we are well acquainted with Edmund Kimball who has subscribed and sworn to the above declaration; that we believe him to be 70 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 P. Sperry
Subscribed and sworn to before
Moses Foster Just; Peace

Commonwealth of Massachusetts.
Secretary's Office, Aug t 31 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that Edmund Kimball served under Captain Benjamin Peabody , in Colo. Jacob Jerishes Regiment . One month & nineteen days, in the year 1779.
Edward D. Bangs. Secy

I. Amos Batchelder of Francestown State of New Hampshire aged 71 years, am Oath say, That I have been well acquainted Edmund Kimball of Wenham in Massachusetts writs for more than 60 years I know that he served six months in the Revolutionary war, in the year 1780, from June to the last of December, at West Point, in Capt. Spurs Company in Colo. Vixens Regiment
I served that time in the same Company.
Amos Batchelder
Sworn ss. August 20th. 1832.
Then the said Amos Batchelder a credible & disinterested witness subscribed and made Oath to the above before me — Moses Foster Just. Peace

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 Rev. Eben P. Sherry who has signed the preceding Certificate, is a Clergyman resident in Wrenham and that the said Moses Foster who has also signed the same is a Magistrate resident at Wrenham and is a credible person and that their statement is entitled to credit.
D. H. Fite 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 Edmund Kimball for a pension, and that Moses Foster is a Justice of the Peace duly qualified to administer oaths and his Signature aforewritten is genuine
IN TESTIMONY WHEREOF we hereunto set my hand and seal of office this seventh day of Nov A. D. 1833.
Cath. Lord Jr.

29 277 Pay INVALID.
File No. 29,277
Edmund Kimball
His Rev. Mrs.
Act: June 7 th 1894
Index:—Vol. 2 , Page 222
[Arrangement of 1870.]

Edmund Kimball Esq.

Copy of Letter rec d by Pension Agent, Boston Mass. from Com d P. Pens.
War Department Pension Office
Nov. 22, 1832
Sir
Edmund Kimball, a pensioner under the act of June 7, 1832, has been improperly returned to your Agency as Edward Kimball You will be pleased to correct your books, and when he may again make application for his stipend, direct him to send his vouchers & pension certificate to this office, in order that a new certificate may be issued —
I am Sir, very respectfully Your ob t serv t .
(signed) J. L. Edwards
J. K. Linsan &c

Nov 27 Wenhams Nov 28
Free
James S. Edwards Esq. Com te re Pension office Washington D.C.

Wenham Nov 28 Nov 27
Free
James L. Edwards Esq. Com d & Pension office. Washington D.C.

Wenham Nov 23 d 1885.
Sir -
Enclosed I send to you my pension Certificate together with a copy of your letter to the Pension Dept in Boston. —
Very respectfully your Abdt Servt Edmund Kimball
To? S. Edwards Esq. —