Revolutionary War Pension and Bounty Land Warrant Application File S. 13,852, for Joel Maxson, Rhode Island

SERVICE
NUMBER
RJ
Maxson, Joel
8,13852
CONTENTS
carded

20. 230 New York Joel Mowat
of _____ in the State of (N York) who was a Private in the Comp - commanded by Captain Cole of the Regt. commanded by Col. Thompson on the R Island line for 2 Years -
Inscribed on the Roll of _____ at the rate of 80 Dollars _____ Cents per annum, to commence on the 24th day of March, 1831.
Certificate of Pension issued the 12 day of Aug. 1833 and sister E. F. Spaulding Altica
Arrears to the 1st (No. 2) $ 160 Semi-ant. allowance ending 4 Sep. 31 40 $ 200
Revolutionary Claim, Act June 7, 1832.
Recorded by J. C. H. Clerk Book 6, Vol. 3, Page 68

Joel Mayson's Application for a pension 2 years 6 months
15994
v
Please send certificate to E. G. Spaulding Atty'ca Genl Co. N.Y.

Declaration of Joel Maxson
State of New York, } ss: County of Greene }
On this sixteenth day of October in the year of our Lord, 1832, personally appeared in open court, before the judges of the Court of Common Pleas, now sitting, Joel Maxson, a resident of Bennington in the County of Greene, and State of New York, 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 he was born the 1st of January in the year of our Lord 1762, in the town of Westerly in the State of Rhode Island - That at the time he entered the service in the Revolutionary war he lived in said Westerly - That he enlisted as a private about the 10th of March in the year of Lord, 1777, in said town of Westerly for one year and joined the army at Tiverton in said State of Rhode Island, and served under the following officers, namely: In a regiment commanded by Col. Joseph Stanton, and in a company commanded by Captain Thomas Thompson, Lieutenant Felix Berry, ensign Joshua Babcock and William West orderly sergeant - That he was stationed at Tiverton during this enlistment - he was frequently to other places on excursions, but Tiverton was his permanent station during that year - Thinks his time was out the 15th day of March in the year of our Lord, 1778, when he was discharged and returned home to Westerly - That he was at home only a few days, when he again returned to Tiverton, and joined the army - That he enlisted at this time as a private soldier for one year, and served under the following named officers, to wit, In a regiment commanded by Col. John Saurin, Lieutenant Col. Nathaniel Hawkins, Major Samuel Phillips, and Adjutant Charles Hardy - In a company commanded by Captain Joseph Springer, Lieutenant Springer, and orderly sergeant Jones - In General Cornwall's Brigade - That he was stationed at Tiverton until the last of July or the first of August when they had orders to cross on to Rhode Island - That

General Sullivan had the command of the American army at this time - Thinks he crossed at Howlands Ferry and marched down towards New Port to Butts hill; from thence, still going towards New Port, near to the lines of the British Army, in the night, where he assisted in digging an intrenchment extending from east to West across said Island - That he was engaged in the Battle on Rhode Island under the command of General Sullivan - That they had frequent fighting with the British for several days, and finally withdrew from the Island, by crossing back again to Scituate in the night - This was the last of August or the first of September in the year of our Lord 1778. That he was stationed the remainder of this years enlistment at said Scituate, and was discharged in March in the year of our Lord 1779 - That he was acquainted, during this campaign, with Col. Crary, Col. Jacobs, Major Adams, Major Talbot, and Capt. Bandish
That after having been discharged from Col. Troup's regiment and Capt. Springers Company as aforesaid, and without going home, he again enlisted in March in the year of our Lord 1779, for six months in the continental service for the purpose of filling up Col. Christopher Green's regiment, and served under the following named officers; Col. Christopher Green regiment , Lieutenant Col. Samuel Ward Captain Thomas Cole, and orderly Sergeant Hall, being the other persons officers under whom he served at this time - That he was stationed at Middletown on Rhode Island during this enlistment - That after having served six months the term of his enlistment he was discharged from the service and returned home to Westerly in said State of Rhode Island That he was discharged in the fall of 1779 - That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his services, except Elisha Hodge & Daniel Maxson the persons who have sworn to the annexed affidavits - 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, and subscribed, the day and year aforesaid in open court Timothy Fitch Clerk
Joel his X Maxson mark

We, Reuben Patrick and Oliver Hodges residing in the town of Attica county of Genesee and State of New York, hereby certify that we are well acquainted with Joel Maxson 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 neighbourhood where he resides, to have been a soldier of the revolutionary war and that we concur in that opinion Sworn and subscribed the day and year aforesaid in open court Timothy Fitch Clerk Reuben Patrick Oliver Hodges
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 Reuben Patrick and Oliver Hodges who have signed the preceding certificate are residents in the town of Attica county of Genesee and State of New York, and are credible persons and that their statement is entitled to credit
Isaac Wilson James Faggat Robert Dill William Mitchell Judges of Genesee Court Pleas -
I Timothy Fitch, clerk of the court of common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joel Maxson for a pension
In testimony whereof I have hereunto set my hand and the seal of the said court this sixteenth day of October in the year of our Lord eighteen hundred and thirty two
Timothy Fitch Clerk

State of New York } ss. County of Greene }
Daniel Maxson of Bennington in the County of Greene and State of New York who being first duly sworn according to law, doth on his oath say, that he is 68 years of age - that he is a brother of Joel Maxson the person named in the annexed application for a pension, that he lived in the year of our Lord 1777, in the town of Westerly and State of Rhode Island - that Joel Maxson also lived in the same place - That while so living in said town of Westerly he, this deponent, in March of said year 1777, at Westerly aforesaid, saw his brother Joel Maxson, enlist in the army of the United States in Captain Thomas Thompson's company - That in a few days he went from home to join the army - That he was informed and verily believes that his brother Joel Maxson served in the Revolutionary war all that year - That he did not return home until the next March, to wit, in March in the year of our Lord 1778, that he was at home only a few days, and immediately returned again to join the army, and was not at home again until the fall of the year of our Lord 1779 - That his brother Joel Maxson is, as this deponent was informed and believes, 70 years old - that he has always been acquainted with Joel Maxson his brother, that he is reputed and believed to have been a soldier of the Revolutionary war, and that he, this deponent, has no doubt of his having served in the Revolutionary war more than two years - and that Joel Maxson, his brother now lives in the town of Bennington in the County of Greene and State of New York
Sworn to and subscribed the 29th day of August in the year of our Lord 1832 before me
Daniel Maxson
Harry Putnam Justin Dean -
State of New York } ss. County of Greene }
Eliphalet Hodges, being duly sworn according to law, doth on his oath say, that he first became acquainted with Joel Maxson of Bennington in the

in the county of Greene and State of New York, in the summer in the year of our Lord 1778, at Tiverton State of R. Island that he the deponent Joel Mayson was then a soldier of the revolutionary war, in Col. Tappins regiment, and that he continued to serve as such soldier until the next march when they were separated in such a manner as not to see each other again until the war had closed - That he, this depon- ent, has been acquainted with the said Joel Mayson since the revolutionary war, and is now well acquainted with him, and knows him to be the same person described in the annexed declaration - and that he this deponent lives in the town of Attica in the county of Greene and state of New York - This deponent further saith that at the time of his first acquaintance with the said Joel Mayson, he this deponent was a soldier in the Revolutionary War in Captain Bancroft's Company, in Col. Crary's regiment and General Cornwallis Brigade - That the said Joel Mayson also belonged to General Cornwallis brigade - that Col. Crary had the command of the first regiment in said brigade, and Col. Tappin the command of the second - That he first saw the said Joel Mayson at Tiverton in the said state of Rhode Island, at which place he, this deponent, and the said Joel Mayson were stationed the greater part of the time, during the fall of 1778 and the following winter, when they were separated as aforesaid
Sworn to and subscribed the fifth day of October A.D. 1832
before me, Harvey Putnam S. Penn
Cliftlet H. Coffey
I, Timothy Fitch, Clerk of the court of common Pleas in and for the county of Greene, hereby certify, that Harvey Putnam before whom the above affidavits purport to have been taken, was at the dates mentioned in each affidavit a Justice of the Peace in said county of Greene; and that I am well acquainted with the hand writing of the said Justice and verily believe the signature "Harvey Putnam" to each of the above affidavits to be his proper hand writing -
In Testimony whereof, I have hereunto set

my hand and the seal of the court of Common Pleas of said county of Genesee this eighteenth day of October in the year of our Lord one thousand eight hundred and thirty two,
Timothy Fitch clerk
State of New York } ss: Genesee county }
I, Harvey Putnam, Justice of the Peace in and for said county, hereby certify that I am well acquainted with Daniel Maxson and Eliphalet Hodges who have subscribed and sworn to the above affidavits before me and in my presence, the said Daniel Maxson's affidavit bearing date August 29, 1832, and the said Eliphalet Hodges affidavit bears date October 5 th 1832, that the said Daniel Maxson and Eliphalet Hodges are respectable men, of good character, and are credible persons, and that their affidavits are entitled to credit. Dated Atten May 23 d 1833 Harvey Putnam J. Peace

16.994 Israel Mason Genesee Co. N York
See Certificate of encumbrance
Accts 24 mo. peri 8074
E G Spaulding Athens N.Y.

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Joel Mayson
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     10 March 1777 1 Private Capt Thompson N o Berry Capt Capt Stanton Capt Staten Island or 70 years Wadsworth He is now living witness   1778 1 " Springer Springer Col. Troup Lt Col. Watkins Lt Phillips Rhode Island Rhode Island Rhode Island   1779 6 Capt. Coale Col. Green  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] 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.
See Esq. Putnam's certificate of Credibility annexed to Declaration re (minutes)

13.852 INVALID.
Reuben
File No. 13.852
Joel Maxson his stenog.
Act. June 1 st 32
Index:—Vol. 1 , Page 239
[Arrangement of 1870.]