Revolutionary War Pension and Bounty Land Warrant Application File S. 29,382, for Timothy Phillips, Massachusetts

SERVICE
NUMBER
Mass
Phillips, Timothy
S 29,382
CONTENTS

21,024 Massachusetts
Timothy Phillips
of Essex in the State of Mass who was a Private in the Company commanded by Captain Price of the Regt commanded by Col Jackson in the Mass line for 14 months & 12 days
Under Seal
Inscribed on the Roll of Massachusetts at the rate of 48 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 day of Aug 1833 and Scot C. Merrill Waverhill Massachusetts
Arrears to the 4th of March 1833 $96.00 Semi-ant. allowance ending Sept. 1 24.00 $120.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Adson Clerk, Book C Vol. 2 Page 65
75- E. S. H.

Timothy Philips Map
Planted 14 Mo 12 days
on North Coast Mt. Jackson Nest completed 2 July 1780 hatched 19 Dec 1780 5 Mo 8 1/2 days
140 58
S. 405
1606
May 23 1834
C Minot
John H. Duncan
Haverhill
4667
1.33
Map
278 00

BRIEF in the case of Timothy Phillips 60 of 1834 in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  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. As a Gen.     18 Dec r In 1776. enlisted 3 private Capt Gage Col Sim g Puerling   23 Aug t 1777 volunteer 6 " Capt Reed Col Robinson   June. 1780 enlisted 5 12 " Capt Price Col D. Jackson   her Roll of service  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Bradford Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional and four living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested agreeably to the regulation 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Sawyer
Examining Clerk.

Declaration of Timothy Phillips
140 68.

Signed and sealed anew, this thirtieth day of May, A.D. 1833. C. Nathan Lord Jr.
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 Twenty fifth day of September 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, Timothy Phillips , a resident of Bradford , in the County of Essex and State of Massachusetts, aged 73 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:
3 Mos. 5 days On the Eighteenth of December 1776 he enlisted at said Bradford as a Volunteer in Capt Nathaniel Gage's company and served in Col Timothy Pickering's Massachusetts Regiment at Fairfield, Tarrytown, and Boundbrook N Jersey three months and five days and was discharged at Boundbrook March 23 d 1777
6 Mos. Again on the 23 d of August 1777 he enlisted as a Volunteer for six months in a company commanded by Captain Joshua Reed of Woburn in Col John Robinson's Regiment of New Bedford Mass. marched to Rhode Island and was stationed at Quonsett Point, five miles below Greenwich, and having served the term of six months was discharged in February — 1778. I do not know any person living that served with me at this time.
6 Mos. Again in June 1780 he enlisted at Bradford in the Continental Service and marched to West Point where he was mustered in Capt Jonathan Pierce's company and Col Michael Jackson's Reg t the 8 th in the Mass Line in the fourth Brigade commanded

by General Learned, served six months and was discharged at West Point in January 1781. He was master to Paymaster Samuel Armstrong of Boston had a discharge but it has been lost for many years.
Was born in Bradford October 7 th 1758. I suspect my age is recorded in Bradford here at Bradford when I went into service and have always since resided there. Went into service by voluntary enlistment. Col. Thatcher's Regt was also at Fairfield. Gen. Spears commanded at Rhode Island. Generals Glover, Nixon, Patterson & Larmer commanded brigades at West Point.
Deacon John Hasletine, Mr. Prof. Hall, Esq. Kimball Esq., Eliphalet Kimball Esq. all of Bradford can testify to my character and belief of my services.
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.
Timothy Phillips
Sworn to and subscribed the day and year aforesaid
D. H. Pierce
JUDGE OF PROBATE.
We, Gardner B. Perry a clergyman, residing in Bradford aforesaid, and Eliphalet Kimball Esquire, a magistrate, residing in Bradford aforesaid, do hereby certify that we are well acquainted with Timothy Phillips who has subscribed and sworn to the above declaration; that we believe him to be 73 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.
Subscribed and sworn to before
D. H. Pierce
Gardner B. Perry Eliphalet Kimball

I John Haseltine of Bradford in the County of Essex and Commonwealth of Massachusetts of the age of twenty five years do hereby say that I served in the War of the Revolution in Capt Nathaniel Gage's Company and Col Pickering's Regiment three months from December 1776 to March 1777 principally at Boundbrook and Tarrytown New Jersey, and I further testify and state that Timothy Phillips of said Bradford whom I then well knew and have ever since known, was a private in said Company enlisted with me in said Company and served for said term of three months.
John Haseltine
Commonwealth of Massachusetts County of Essex ss. On this twenty fifth day of September AD 1832 personally appeared before me the subscriber a justice of the Peace and known for the County of Essex and made oath that the above affidavit by him subscribed was true. And I further certify that I well know said Haseltine and that he is a credible witness.
James H. Duncan Justice of Peace & Quorum

I Daniel Clough of Haverhill Essex County Man of the age of Sixty eight years do depose & and say That I served in the Continental Army in the War of the Revolution Six Months from June 1780 to July 1781 in Lt Col Littlefield's Comp- -any commanded by an Ensign, in Col Tappan's Regiment on the Massachusetts line, and I further testify and say that I then knew Timothy Phillips of Bradford who is still living, and that he was in service for the same time. I remember being mustered with said Phillips at Andover and Springfield, Massachusetts, and at West Point, New York, when we were distributed to different Regiments, but  Daniel Clough
Commonwealth of Massachusetts
Essex ss August 28 th 1832. Then personally appeared before the subscriber a Justice of the Peace for the County of Essex. Daniel Clough, and made oath in due form of law that the above affidavit by him subscribed was true. I further certify that said Clough is a credible Witness James H. Duncan Justice of Peace

I Ezra Trask of Bradford in the County of Essex and Commonwealth of Massachusetts of the age of Seventyone Depose and say, That in 1777 (the year Burgoyne was taken Lieut Phinehas Cole of Bradford had a commission to enlist men for the Revolutionary Service and did enlist a number of men in Bradford among whom was Timothy Phillips, then, an and now, of Bradford. I then and ever since have known said Phillips and know that he went into the service with others, (as I was told and believe, at Rhode Island) and was absent some months. I remember the fact of their returning from the service as I was acquainted with all who went out of Bradford, and can now repeat their names.
Ezra Trask
Commonwealth of Massachusetts County of Essex ss. On this twentyfourth day of September A.D. 1832 personally appeared before the Subscriber a Justice of Peace for the County of Essex Ezra Trask and made oath in due form of law that the above affidavit by him subscribed was true. And I further certify that I am acquainted with said Trask and that he is a credible Witness. James H. Duncan Justice of Peace

I Abijah Gage of Bradford in the county of Essex and Commonwealth of Massachusetts, of the age of Eighty nine years do hereby say, That I have known Timothy Phillips of Bradford from his boyhood, and I well recollect that said Timothy Phillips about the year 1777, which was the year after I was in the Service, enlisted at Bradford under Lieut. Phinehas Bole and went into the Service as I understood & believe at Rhode Island, and was absent a number of months, as I fully believe in the Revolutionary Service, said Phillips was also in the Army several other times.
Abijah Gage
Commonwealth of Massachusetts
Essex ss. On this day personally appeared the above named Abijah Gage and made oath in due form of law that the above affidavit by him subscribed in my presence was true. And I do further certify that the said Abijah Gage is personally known to me and is a credible Witness
James H. Duncan Justice of Peace
Essex ss. I do hereby certify that the foregoing is a true and correct copy of the original now on file in my office.

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 Gardner B Perry who has signed the preceding Certificate, is a Clergyman resident in Madison and that the said Elphalet Kimball who has also signed the same is a Magistrate resident at Madison and is a credible person and that their statement is entitled to credit.
D. H. White 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 Timothy Phillips for a pension. Also that James M c Duncan Esquire whose name is subscribed to the four Depositions hereto annexed is a Justice of The Peace and Quorum for said County and that his signatures thereto are genuine.
WHEREOF I have hereunto set my hand and seal of office this twenty fifth day of September , A. D. 1832.
C Nath. Lord Jr.

29382 INVALID.
File No. 29,383
Timothy Phillips
His Rev. Wife
Act: June 7 th 89 7
Index:—Vol. 9 , Page 321
[Arrangement of 1870.]

14058
Timothy Phillips
Charles Minot Lamar H. Duncan Esq. Haverhill Mass

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

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? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? no 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 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, deposeh 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 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.
QUERÉ 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.
QUERÉ 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.