Revolutionary War Pension and Bounty Land Warrant Application File S. 21,340, for David Lake, Rhode Island

SERVICE
NUMBER
R.I.
Lake, David
S. 21,340
CONTENTS

21. 420.  Rhode Island  David Lake
of Newport in the State of Rh. Island who was a Priv. of Art. in the Comp. command by Captain Cook — of the Regt. command by Col. Cook — in the Rh. Island line for Inf. } 15 m. } $ 50 Art. } 1 m. 14 d. } 6 16 $ 56 16
Inscribed on the Roll of Rh. Island at the rate of 56 Dollars 16 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 14 day of Sep. 1831 and Sixth No. 6 m. 14 d. Portsmouth
Arrears to the 14th of Sep. 32 $ 140 40 Semi-ant. allowance ending 14th 28 08 $ 168 48
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by C. C. Stokes Clerk, Book E. Vol. 2, Page 119.

Garit Lake
17000

State of Rhode Island & Providence Plantations Clerk's Office of the Court of Probate for the Town of Tiverton in the County of Newport and State aforesaid.
I hereby certify that Abner Simmons whose signature is affixed to the enclosed Deposition of Thomas Wiley, is one of the Justices of the Peace for the Town of Tiverton, in the County of Newport & State aforesaid, duly commissioned under the Seal of said State and engaged thereon according to Law. And I further certify that his name to said Deposition is his genuine signature. — And moreover I do further certify, that I Asa Gray am a Justice of the Peace for the Town of Tiverton in the County of Newport & State aforesaid, duly commissioned under the Seal of said State, engaged thereon according to Law and duly qualified to act in said capacity; and I further certify that the two enclosed Depositions to which my name is affixed were taken by me, and that my name was affixed to the same by me.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court, at said Tiverton, this Eighth day of September in the Year of our Lord One thousand Eight hundred & thirtytwo And of American Independence the fiftyseventh.
Asa Gray Clerk of Court of Probate

DECLARATION.
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF RHODE ISLAND, } COUNTY OF Newport } ss.
On this Eighth day of Septem r 1832 personally appeared in open Court, before the Judges or Justices of the Court of Prelate of the County of Newport now sitting , David Lake a resident of Tiverton in the County of Newport and State of Rhode-Island, aged Seventy One 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 is to say - He, in the month of June  July 1777 and the day that he was Sixteen years of age (that being the age in which boys were brought into the train band and made liable to do military duty, by law) he having been enrolled in the first Company of Militia in said Town of Tiverton, then under the command of Capt. Isaac Cook, was drafted therefrom for one month to guard the shores of Tiverton, against the in- -cursions of the enemy who were at the time and had been for some time, before that time, in possession of the Island of Rhode Island, and the Waters of Narragansett Bay - At this time he was marched to Fogland Ferry where was a station for the Guard, and staid out his time when he was relieved by the other draft of his company and he returned home - at this time he thinks Captain Cook commanded - at the same time Philip Gory was Lieutenant and Philip Manchester was ensign of said company - From the time that he was first drafted as aforesaid in June  July 1777, which was just after Spencer's Expedition , till November 1779 he was drafted from said company at divers times, and served in the public service, in guarding the shores, as often as every other month, for a month at a time during all that time - Although your declarant cannot remember the days of the month that he was drafted - except the first time that he was drafted - which he shall always remember because it was his birth day - and also the first time that he ever bore arms as a soldier - Yet he does well remember that he was drafted for a month at a time, on his own account, and that he believes, and solemnly declares, according to the best of his recollection - that he served as a drafted militia man, on his own account for at least one half of the time from said June  July 1777 until the English evacuated Newport -

That during said several terms of Militia service performed as aforesaid he was engaged in guarding the shores of Tiverton from Fogland ferry - northerwally to Hall River a distance of twelve miles - separated from the Island of Rhode Island only by a narrow strait in some places not wide enough to be safe from a musket shot, and many places liable and exposed to the fire of the enemys cannon on the Island - It took a large proportion of the Militia to be in actual service all the time - The fact was that during the occupation of Rhode Island by the British the Town of Tiverton was very little any better than a military encampment - agriculture was relinquished for want of men to do the labor - but more particularly on account on account of the difficulty of retaining stock, or teams to do the labor, or preserving the crop from premature destruction, if it ever should be planted - The enemy on one side ready to destroy every thing by fire and sword - and on own army with its numerous wants and necessities, on the other, drove away all the arts, comforts and occupations of peace - and compelled a large portion of its male population to seek a livelihood in the service of their country -
During the time aforesaid when he was in the service as aforesaid he was generally under some one of the officers of his own company of Militia - but this was not always the case - he went frequently under Lieut. Orey and had also been under Ensign Manchester - and some times he has been commanded by other officers, but does not at this time recollect their names - In the field service they never met by Regiments - he belongs to Col. Cook's Regt. - but does not know whether Col. Cook or General Cornell who had the command of the troops of the state line at Howlands ferry, had the command of the militia when in the public service - During the In one of 1 st drafts for a month, in Aug t . 1778 he was on Rhode Island under Gen l Sullivan - he was in Capt. Cook's Company and Col. Miller's Regiment - at this time he saw Lafayette - In the month of June 1778 and when a draft was out on his own account at the particular instance and request of Lieut. Col. Gray, and by the promise of a small reward, he volunteered for one month, and staid the month without going home when his own month own month was out, this month he served at Quackitt Neck, in Tiverton - In Dec. 1778 he took the place of Paul Edwards, a private soldier in Capt. E. B. Adams Company Col. Stetson's Regt. of Artillery for one month. Said Edwards lived somewhere in the western part of the state, and your deponent does not know whether he is now alive, or where he did live - he served out said month - and immediately served two weeks more as a substitute in the same Company for Thomas Wilson of said Tiverton - at this time 1 st Company was stationed in the Lower Fort at Howlands ferry in Tiverton - In the month of May, he thinks, in 1781 he was drafted from said Company of Militia, then under the command of Capt. Peleg Simmons, for one month and was marched on to Rhode Island - he was stationed on Brentons Neck near Newport - The Col. that commanded at this time was a Massachusetts officer and he does not remember the name - Again in August 1781 he was drafted from said Company for one month and was marched on to Rhode Island and stationed in Portsmouth near Butts Hill He does not remember the officers at this time - as they were collected a few from a company from different parts of the state - he served his time out and returned home -

I said that  that I have that he faithfully and truly served his country for for the full time of sixteen and and half months in the batteries in manner aforesaid and in Leapt. Adams Company of Artillery, in the state, line in manner aforesaid, according to the best of his knowledge and belief - and received pay of the state for all of that time - And he further declares that he was born in said town of Tiverton on the 2 d day of July 1761. that he lived there when he was - called into the service aforesaid. that he hath ever lived there, and still doth then reside - that he hath a record of his age - that he never received any written discharge from the services aforesaid, but was discharged verbally by his commanding officers at the time. That he has no documentary evidence of said services That he refers to Hon. Job Durfee & Charles Durfee Esquires who are his neighbours and citizens of said Town of Tiver- -ton who testify to his character for veracity and to their belief that he was a soldier of the Revolution - and also to the accompan- ying depositions.
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.
Isa Gray Clerk
David Lake
We, Job Durfee Esqr. and Charles Durfee Esqr. with David Lake believe him to be where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
residing in the Town of Tiverton aforesaid residing in (the same) hereby certify, that we are well acquainted who has subscribed and sworn to the above declaration; that we years of age; that he is reputed and believed, in the neighborhood
Sworn to and subscribed the day aforesaid.
Isa Gray Clerk
Job Durfee Charles Durfee
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 Job Durfee Esqr. who has signed the preceding certificate, is a resident in the Town of Tiverton and that Charles Durfee Esqr. who has also signed the same is a resident in the same Tiverton and is a credible person, and that their statement is entitled to credit.
I, Isa Gray do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of David Lake
Clerk of the Court of Probate in the Town of Tiverton, in the County of Bristol aforesaid a Court of Probate for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this Eighth day of September in the Year of Our Lord One Thousand eight hundred & thirty two Anno Domini Independence the fifty seventh.
Isa Gray Clerk of Court of Probate

Town Clerk's Office, Newton August 29 th 1832 I certify that David Lake, the son of Job Lake and Mercy his wife, was born July the second, one thousand seven hundred and sixtyone, as appears of Record in this office Witness Asa Gray Town Clerk.

State of Rhode Island &c. County of Newport Ss.
Personally appeared before me, the undersigned, a justice of the peace within and for the County of Newport, David Lake, an applicant for a pension, who being duly sworn, deposeth and saith, that by reason of old age and the consequent loss of memory, he cannot swear positively to the precise length of his service, but according to best of his recollection, he served not less than the periods mentioned below, and in the periods of the war mentioned therein, in the following grades: Namely — In Capt. Cooks Company of Militia, it being the 1st. or lower company in Tiverton, from July 1777 to Sullivans Expedition in August 1778 including that expedition for at least eight months as a private soldier. In the the same Company of Militia one month in October 1778. In December 1778 and Jan'y. 1779, he was a substitute for Paul Edwards a private in Capt. Adams 6 th Co. Col. Elliot's Regt. of Artillery of the state line, for one month, and also was substitute in the same Company for Thomas Willcox for fourteen days. In Capt. Levers said Company of Militia in the months of March, May, July, and September 1779 at least four months. One month under Capt. Simmons of 8 th Militia Company in May 1781 at Newport — and one month at Butts Hill in Portsmouth in August 1781. Making in all fifteen months and fourteen days served as a private for which he claims a pension.
And he further declares, that, during all the time abovementioned he was in actual service, and was not employed in any civil pursuit, and that said Company of Militia were and 1 st Company of Artillery were ordered into the service by the state of Rhode Island. He further declares that there is no clergyman living in his neighbourhood or vicinity (which he omitted to in performing declaration by mistake.)
Sworn to and Subscribed this 3 rd day of August A. D. 1833 at Tiverton in said County of Newport
David Lake
Abner Simmons Justice Peace

State of Rhode Island & Providence Plantations Clerk's Office of the Court of Probate of the Town of Tiverton, in the County of Newport and State aforesaid
I, Asa Gray Clerk of the Court of Probate aforesaid, do hereby certify that Abner Simmons whose signature is affixed to the within Deposition, is a Justice of the Peace within and for the County of Newport aforesaid, duly commissioned under the Seal of said State, engaged therein according to Law and fully qualified to act in his said capacity. And I further certify that the within signature of his name is his genuine Signature.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at said Tiverton this third day of August in the year of our Lord one thousand eight hundred and thirtythree. And of American Independence the fiftyeighth. Asa Gray, Clerk.

I Isaac Lake, residing in Tiverton, County of Newport and State of Rhode Island, do hereby certify that I am and always have from our youth been well acquainted with David Lake of the same Tiverton aforesaid, an applicant for a pension under the act of Congress passed June 7 th 1832; that said David Lake was in the expedition of Gen. Sullivan on Rhode Island, I know, the year I do not recollect, I went with said David Lakes brother, on upon the Island, at that time, to carry said David some necessaries, such as clothes and provision, and found him doing duty on guards to the Southward of the hill called Mitchels hill; I also know that said David Lake did duty, in the guards, which were kept on the shores in said Tiverton, how many times or for what length of time I cannot say. Sworn to and subscribed the 29 th day of August 1832
Isaac Lake
Before me Asa Gray a Justice of the Peace for the County of Newport in the State of Rhode Island personally appeared on this 29 th day of August, A.D. 1832. Isaac Lake, and made oath to the truth of the aforesaid certificate, and subscribed the same in my presence. and I certify that said Isaac Lake is to me well known and that he is a creditable person, and his statement is entitled to credit. taken at the request of said David Lake in order to obtain the benefit of the act of Congress passed June 7 th 1832.
Witness my hand, at Tiverton. this twenty ninth day of August in the year One thousand eight hundred and thirty two -
Asa Gray Justice of the Peace

I Giles Manchester of Tiverton, in the County of New- port and State of Rhode Island, aged seventy three years on solemn oath depose and say, that I am now and was during and preceding the Revolutionary war well ac- quainted with David Lake of said Tiverton an applicant for a Pension under the late Act of Congress; I myself in the year 1778-9. served in the Artillery Company commanded by Ebenezer Adams, in Col: Elliot's Regiment; after Sullivan's expedition on Rhode Island we were stationed near Howland's Ferry in Tiverton, and I will remember that said David Lake served as a private in said Company in the winter of the year 1778-9 for the space of six weeks; after I was discharged from the aforesaid Company, I was enrolled in the Militia in said Tiverton, and was drafted out, generally for a month at a time, to guard the shores in Tiverton; and I will recollect of seeing said Lake doing duty in said guard near Howland Ferry, at several different times, when I was out in said month service - and further this Deponent saith not.
Giles his Manchester mark
Newport, Sc. ss Tiverton September 1 st 1832. Personally came the above named Giles Manchester and made solemn oath to the truth of his foregoing Deposition and subscribed the same in my presence - And I further certify that said Deponent is personally known to me and sustains a good character for truth and veracity - Before me, Asa Gray Justice of the Peace.

I Thomas Wilcox of Tiverton in the County of Newport & State of Rhode Island aged 74 years one week since do hereby testify & say that I am well acquainted with David Lake of Tiverton County & State above said, and am knowing to his being a Revolutionary Soldier in the year 1777. in the Rhode Island State Troops of Artillery & that served in Captain Adams Company in Col: Dike Regiment the term of one Month a Substitute for Paul Edwards, and also two weeks in said Company a Substitute for myself Thomas Wilcox
State of Rhode Island County of Newport } ss
Be it known, That on the 4 th Day of September A.D. 1832 Before the Subscriber a Justice of the Peace in and for said County, personally appeared the above named Thomas Wilcox and made oath to the truth of the above statement by him subscribed. And I do hereby certify that the Deposition is a credible & true one.
Almer Simmons Justice Peace

Revolution
21340
INVALID.
File No. 21,340
David Lake
Nov 7, 1872
At: June 7, 1872
Index:—Vol. 2 , Page 34
[Arrangement of 1870.]

17000
David Lake Lake
Part of July 15- " " Aug 1-14  16 14
11 2 52 2 8 08  14 8 40
16 14  64 1824 4 16  3241 4 16  2
Brook St Palm Springs R.I.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of David Lape 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 - who commenced the Reg't of Art'y in which he served? 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

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? 2 citizens 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? wrong belief XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? ys Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ys 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? ys XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the long he served, he should amend his declaration by making "Personally appeared before me, the undersigned duly sworn, deposeth and saith, that, by reason cannot swear as to the precise lo

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.