Revolutionary War Pension and Bounty Land Warrant Application File S. 10988, for Isaac Livermore, Massachusetts

SERVICE
NUMBER
Mass.
Livernore, Isaac
S 10988
CONTENTS
carded

1843.
Massachusetts
Isaac Livermore
of Worcester in the State of Mass who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col Ward in the Mass line for 23 Mts & Days
died Jan 19 1836
Inscribed on the Roll of Mass at the rate of 77 Dollars 43 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 29th day of Jan 1830. and spent [blank] Days [blank] of [blank]
Arrears to 14th of Sept 1832 $116.14 Semi-ant. allowance ending 4 Mar 33 38.71
$154.85
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H McBlain Clerk Book D - Vol. 2 nd Page 97.
Dead. See letter to Hon. H. Hubbard Dec. 8. 1836 - Let. H. Wheeler Aug 15 '37

J. L. Edwards Esq. Commissioner of Pensions Washington City D.C.
Hon. H. Hubbard Esq.

Leicester, Worcester County, Mass. Nov. 28 th 1836
J. L. Edwards Esq. Comm't of Pensions.
Sir
Some weeks since, at the request of a son of a deceased Pensioner, I made out for him what I supposed were the necessary documents to entitle him to receive the bal. of pension due to his father at the time of his death. The papers were returned as insufficient - because it did not appear from them that an Adm r had been appointed on the estate of the widow. Not being able to understand the necessity or propriety of such a document in the case, I addressed a letter to Mr Simpson, Pres. of the Com th Bank in Boston, on the subject, who returned for answer, that he was acting agreeably to instructions, & advised that I should enclose the papers directly to you, with a statement of my views of the case, to the end that you might give such instructions as should seem to be proper. I take the liberty, therefore, to enclose the papers, as they are made out, and to ask your advice. The amt. claimed, is small, & seems, hardly worth much trouble; but the son is a poor man, and will find ways & means to make even a small sum useful.
The facts, as you will see by the papers, are these.
Isaac Livermore, the pensioner, died, Jany 19 th 1836, leaving a widow & one child. The widow died, a week after her husband, vizt Jany 26 th 1836, without having drawn the bal. of pension. The son survives, & claims the balance.
I may also state, that it happens in this case, that the child of the Pensioner is not the child of the widow, she being a second wife & never having had any children, so that the heirs at law of the widow are not the heirs at law of the Pensioner.
To whom, then, does the bal. of pension belong? To me it seems very clear, that

it must belong to the only child of the Pensioner, or that it must remain in the Treasury without claim.
The Law provides, that, in the event of the death of a pensioner, "the proportionate amt. of pay which shall accrue between the last preceding semiannual dividend payment & the death of such person, shall be paid to his widow, or, if he leave no widow, to his children." It is perfectly certain, I take it, that heirs at law, merely as such, can, in no case, claim the unpaid bal. The claimants must be either the widow, or the children of the Pensioner. In this case, there was a widow, but she died directly after her husband, without drawing the bal. of pension, and the simple question is this - Is the son, only child of the Pensioner entitled to it? If he is, the papers are correctly made out & there can be no necessity for an administrator; if he is not entitled, it can not be drawn, as it seems to me; for as I have already said, the heirs at law of the widow can have no claim, either under the language language of the law, or in equity.
Now, tho' this case does not seem to be provided for by the express language of the Statute, it comes, clearly, within its equity or real meaning, as it seems to me.
The Statute intended, in the first place, a personal benefit to the old soldier, & then, that his family, & no body else, should have any little balance, which might have accrued from the time of the last payment up to the time of his death.
The papers shew, in one form, that the constituent is the only person, who can be entitled to the unpaid bal. of the pension; and it would be perfectly nugatory to go to the expense of having an admr. appointed on the estate of the widow (who, by the by, had no estate) because such admr. could have nothing to do with the matter.
Excuse my troubling you, with so long a story, & believe me
Very respectfully Your obedt Servt Waldo Flint

Leicester Mass. Oct 20 1832.
I hereby certify that the following is the record of the birth of Isaac Livermore as recorded on the book of town records.
Isaac Livermore born December 20 th 1746
John Sargent Town Clerk

I Abner Dunbar of Leicester in the County of Wor- cester and Commonwealth of Massachusetts aged seventy nine years, do testify and say, that I am well acquain- ted with Issac Livermore, and on the 19th day of April 1775 I marched with him as a minute man for Cam- bridge under the command of Capt. Seth Washburn, and after our arrival there he enlisted into the eight months service and have always understood he served the whole of the time of his enlistment, but can not positively say as to the length of time he served, as I was myself discharged, but have often heard it said he was in the Battle of Bunker hill.
Abner Dunbar
Worcester ss September 1 st 1832 Personally appeared Abner Dunbar and made solemn oath that the above deposition by him subscribed is true.
Before me John Hling Justice Peace
Worcester ss. Sept. 1 st 1832 I hereby certify that Abner Dunbar is reputed to be a man of truth and veracity and his statements is entitled to full cred- it.
John Hling Justice Peace

Isaac Livermore
Pawle
23 Mo & 7 days
$77.13
Wm J. Davis
AR

BRIEF in the case of  Isaac Livermore of the County of Worcester  in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Govt  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 85 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.     In 1775 Apr. — 8 7 Private Gen. Ward, Capt. Washburn   "76 — — 6 — do Capt. Snowdon, Col. Dyer   "77 — — 9 — do Col. Steys, Capt. Earle  
 5. In what battles was he engaged? Bunker Hill  6. Where did he reside when he entered the service? Leicester  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions & documents  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.
Levin Belt Examining Clerk.

DECLARATION , in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this sixth day of March in the year of our Lord, eighteen hundred and thirty two, personally appeared in open Court, before Nathan Paine Esq. Judge of Probate for said County, now sitting at Worcester, Isaac Livermore, a resident of Leicester in the County of Worcester aforesaid and Commonwealth of Massachusetts, aged eighty five 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
In April 1775, he heard that the regulars had marched out of Boston. He left home about 10 o'clock P.M. & went to Worcester, where he received some powder, & joined the Company of Capt. Seth Washburn, and marched immediately on to Cambridge, where he remained a few days & then enlisted for the eight months service in the Company commanded by said Washburn, under whom he served for the full term of the eight months, and was discharged, at the expiration of that time, at Dorchester, & then returned home with Capt. Washburn & the others from Leicester. He was stationed first at Cambridge - was in the battle of Bunker Hill, on the 17th, June, and after the British left Boston, his company was stationed at Dorchester until discharged. His company belonged to Ward's Regiment. John Brown, a soldier from Leicester, was wounded in Bunker Hill battle. Nathan Cragg, then of  man of Sherborn of Leicester, was in the same company. He does not know of any one, who was with him in said company, now living, except said Cragg, & possibly Daniel Hubbard, who is said to be in Vermont. Jonathan Hubbard, who died a few weeks since in Boston, was in the same company. In the year 1776, in the fall of the year, (he can not recollect the month) he again enlisted as a private in the company commanded by Capt. Knowlton of Templeton for six months, and was stationed at Dorchester near Boston. While there, the company worked on the Castle five hours a day, & returned to lodge every night at Dorchester. Some time during this term of service, a man belonging to Capt. Bangs' Company, which was stationed in Boston, came to him & wished to exchange companies with this deponent, on account of his having relations in Dorchester. With the consent of the officers, the exchange was made, & this deponent served the remainder of his term in said Bangs' company in Boston, where he was discharged. The company was stationed on Fort Hill, & was placed there to guard military stores. He continued in the service at this time six months. During this term of service, the great mortar, which fell into the dock & was left there by the British when they evacuated Boston, was taken up, and drawn by men from Long Wharf to Fort Hill. This deponent was one of them. He should think, the whole number of men it took to draw it was 300 or 400. In the Spring of the year 1777, this declarant was at work for Lawyer Upham in Brookfield, who tried to enter him to go over to the British, but he would not consent. There was a training at Brookfield, & they beat up for volunteers to go to Rhode Island, & this declarant turned out, and started directly for Rhode Island. Before he got to Providence, Col. Keys of Western, & Moore of Brookfield overtook him. Col. Keys ordered him to meet him again at a ferry (he can't remember the name) which crossed the River to Tiverton. He was a private in Capt. Ralph Earle's company, & the Mr. Moore, whom he has before mentioned, was Ensign in the same company. The company spent considerable time at Tiverton until the news came, that the regulars had marched out to North Kingston to go to Newport with a party there, called Barker. The company then proceeded to North Kingston, where they remained until they were ordered to Providence to guard that place. While at Providence, the company was stationed in the college. The company belonged to Col. Keys' Regiment. He was discharged at Providence, some where about Christmas, and his whole term of service at this time was about nine months. He has no written discharges, none are given in any case as far as this declarant knows. He was born in said Leicester, and has always lived there, except when about occasionally to work in the neighborhood. He will be 86 years old, if he live to Dec. 20. next. He annexes hereto a certificate of his age taken from the town books.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Nathl Paine Judge of Probate for the County of Worcester
Isaac Livermore

Elkanah Hasey We John Nelson a Clergyman residing in the town of Leicester and Emory Washburn Esqr. residing in said Leicester in Worcester hereby certify that we are well acquainted with Isaac Simons who has subscribed and sworn to the above declaration, that we believe him to be Eighty Five years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Byrne Nathl. Dime Judge of Probate for the County of Worcester
Elkanah Hasey Emory Washburn
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Elkanah Hasey who signed the preceding certificate, is a clergyman, resident in the Town of Leicester and that Col. Emory Washburn who has also signed the same is a resident in the Town of Worcester and is a credible person, and that their statement is entitled to credit.
Nathl. Dime Judge of Probate For the County of Worcester
Phoebe Wheeler Regd. Clerk of the Court of Probate
do hereby certify
that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Simons for a pension. That Eli Foster & John King before whom the annexed affidavit was made, are Justices of the Peace in the County of Worcester, and that the signature is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed the Seal of said Probate Court this twelfth day of November in the year of our Lord eighteen hundred and thirty two .
Theoph. Wheeler Register of the Court of Probate for the County of Hampshire in Massachusetts
Elkanah Hasey Emory Washburn

Rehn
10988. INVALID.
File No. 10,988
Isaac Livermore Prim. Rev. War
Act: June 7 th 1832
Index:—Vol. 2 Page 224
[Arrangement of 1870.]

Grace Linnamae (Wacouta Co Miss) Jul 18 m . All her last paid.
A B L
Aug 14 18 m
10 th Sept 1835 JH

Isaac Linnunlaulusta

Commonwealth of Massachusetts.
Secretary's Office, Sep. 12 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 Isaac Livermore is borne on the Muster Roll of Capt Seth Washburn's Company, Col Ward's Regiment of Massachusetts Militia, as one of the men that marched from Leicester in the County of Worcester on the Alarm, 19 th April 1775 and did service in said Company as a private seven days -
Also that he enlisted in said Washburn's Company and Ward's Regiment as a private April 26. 1775, and served therein as appears by the Muster Roll made out to the first of August 1775, Three Months and Twelve days, beyond which said Muster Roll does not contain the period of service, nor does it show that any of the men borne on said Roll were discharged on the said First of August -

I also find said Livermore's name on a Muster Roll of Colonel Dike's Regiment in Captain Knowlton's  Bangs Company as a private for the Month of December 1776. Also that by an endorsement on said roll signed by Peleg Wadsworth Muster Master of said Regiment it appears that said Livermore was in service in said Company during the months of January and February 1777 - but said Roll does not furnish the date of enlistment, the term of service nor the time of discharge. A pay roll of Capt Knowlton's company for Quarters and Blankets for the Non commissioned officers and privates, contains said Livermore's name; and bears date March 31. 1777: at Dorchester Heights. and is endorsed as of Col Dike's Regiment.
I also find that said Livermore enlisted as a private in Capt Ralph Earl's Company and Colonel Danforth Keyes Regiment of Massachusetts Militia September 20 th 1777. and served therein in said Capacity to January third 1778 - Three Months and twelve days.
I further certify that the files of documents relating to military services in the revolution, and remaining in this office are imperfect.
Edward D Bangs. Secy -

Isaac Livermore
W Davis

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

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? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: “Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the 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.
†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 authenticated 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 end 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.

None

Commonwealth of Massachusetts Worcester ss — Town of North Brookfield — I Thomas Moor of Chesterfield in the County of Hampshire and Commonwealth aforesaid — being now in the eighty second year of my age — Do testify and say that I served in the war of the Revolution as an Ensign in Capt Ralph Barker Company, and Col Danforth Fayer Regiment, I knew Isaac Leiverman of Leicester in the County of Worcester — who was a private soldier in said Company, said Leiverman entered the service at or about the first of April AD 1777, and served in said Company untill January AD 1778, at which time we the said Company were all dismissed 5th Dec 1808
Worcester ss — September 29th 1832 Personally appeared the above Named Thomas Moor and made solemn oath that the above Deposition by him subscribed is true Before me Eli Foster Justice of the Peace
I hereby certify that I am personally acquainted with the above Named Thomas Moor & that he is a man in whom the utmost confidence may be placed, and as a witness is entitled to full credit Eli Foster

Nathan Corning

I Nathan Craig of Spencer in the County of Worcester young and Commonwealth of Massachusetts aged Seventy eight do testify and say, that in the year 1775 I was an in- habitant of the town of Leicester, in said County of Worcester and lived in the neighbourhood of Isaac Livermore and was well acquainted with him, and on the 19 th day of April of that year I marched with him in the same com- pany, under the command of Capt. Seth Washburn for Cambridge and was stationed at Cambridge until some time after the Battle of Bunker hill, and then removed to Dorchester. I was with him in the battle of Bunker hill and was discharged with him after serving the full term of eight months. and am confident he served the whole of that term
Nathan Craig
Worcester ss. August 13 th 1832 Personally appeared Nathan Craig and made solemn oath that the above deposition by him subscribed is true.
Before me John Thing Justice of the Peace
Worcester ss August 13 th . 1832 I hereby certify that I have been well acquainted with Nathan Craig above named for more than thirty years, and that he has always sustained a good character for truth and veracity and is entitled to full credit
John Thing Justice of the Peace