Revolutionary War Pension and Bounty Land Warrant Application File S. 21,910, for Simon Paine, Rhode Island

SERVICE
NUMBER _____
R. L.
Paine, Simon
S. 21,910
CONTENTS

10700 Rhode Island
Simon Paine
Immersed in the State of R. Island was a Mate in the Company commanded by Captain Frank of the Gt. command Col Brown in the A. Island for 7 months
scribed on the Roll of Rhode Island the rate of 23 - Dollars 39 - Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 18th day of July 1833 and sent N.Y. Edward Worcester N.Y.
Due to the 4th of March 1833 $46.66 Pension allowance ending Sept. 11.67 $58.33
Revolutionary Claim, Act June 7, 1832.
Recorded by W. W. Nelson Clerk Book 3 Vol. 2, Page 124

Application of Simon Paine } for pension
21216
attest J. Cooke S.P. Clerk

I Benjamin Evans of Smithfield in the County of Providence State of Rhode Island being duly sworn on oath do testify & say that I was a soldier in the revolutionary army as will appear by my application for a pension under the act of Congress of June 7 th 1832. I further say that I never knew Simon Paine of said Smithfield in said County - In August 1780 he served as a soldier with me in Capt Ben d Knowles Comp y Col d Knapp's reg t R.I. State Troops & was stationed at Easton beach on Rhode Island one month. In June 1781 he was a soldier with me in Capt George Duran Company Col d Krasy's reg t R.I. State Troops As John Whitehead was Major, we were stationed at the 4 chimney house on Brenton Point Rhode Island one month. The above is to the best of my recollection
Benjamin Evans
Sworn to 11 th Aug. 1832
State of Rhode Island &
Providence ss. In Gloucester this 11 th day of August 1832 Before me personally appeared Benjamin Evans who being duly sworn on oath testified & says that the foregoing deposition by him signed is just & true in all its parts. He further testifies that the said Evans is a credible person & that his statement is entitled to credit.
Asa P. Evans J. G. G. P.

State of Rhode Island & Providence Plantations.
Know all men by these presents: That I, William R. Watson, Clerk of the court of Common Pleas, within & for the county of Providence in said State - hereby certify that Dea. Plevens is a Judge of the court of Common Pleas aforesaid - that the within signature purporting to be his, is in the proper hand writing of said Plevens - that he is duly authorized to administer oaths and take depositions and that full faith and credit are due to the official attestations of said Plevens.
In witness whereof, I hereunto set my hand and affix the seal of said court - at Providence this 20 th day of December 1832.
W. R. Watson

State of Rhode Island & Providence Plantations County of Providence ss.
On this fifteenth day of December 1882 personally appeared in open Court before the Judges of the Court of Probate in & for the town of Grafton in said County now sitting Simon Paine a resident of Smithfield in said County & State aged 68 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 th 1832, viz I was born in said Smithfield on the 21 st of February, 1764. There is a record of my age on the town records of said Smithfield. I have always lived in said Smithfield. In September 1777 I went as a substitute for some one whose name I do not now recollect in Lake Braski Company Col. Nathaniel Brown's regiment R.I. militia and was stationed at Warwicks R.I. one month. I was very active during my age & the officers used to persuade me to work with the men that were much older than myself & I usually came off conquerors. In November 1777 I served as a substitute for some one, name not recollect in the same Company & was stationed at Providence R.I. one month. I stood guard over the prisoners taken in Burgoyne's army. In September 1778 I went as a substitute for my father & served as a private in Capt. Joseph Sprague's Company Col. Nathaniel Brown's regiment R.I. militia & was stationed at Providence R.I. one month. In May 1779 I went as a substitute for my father & served as a private in Capt. Dan Brown's Company same regiment & was stationed at said Providence one month. In August 1780 I was drafted as a private in same Company & was stationed at Eastern Neck R.I. one month. In June 1781 I was drafted as a private in Capt. George Donahue's Company

Col Camp regiment I believe, R.I. State Troops, Thomas Potter was Lieut. Col. & John Whipple Major, & was stationed at the 4 chimney house on Branton Point R.I. one month In September 1781 I went as a substitute for John Whipple & served as a private in Capt. Lewis' Company R.I. militia under the command of Col. Bailey & was stationed at Newport R.I. one month. I never received any written discharge & have no documentary evidence. The testimony of such surviving witnesses as I know of is hereunto annexed. Oles Sherry, Olney Roberts Joseph Sherry, are persons to whom I am known in my present neighborhood & who can testify as to my character for veracity and their belief of my services as a soldier of the Revolution
I hereby relinquish every claim whatever to a pension or annuity except the present and do declare that my name is not on the pension roll of the agency of any State
Simon his  x mark Paine
Sworn & subscribed this day & year aforesaid in open Court
attest J. Cooke S. Clerk
We Joseph Sherry & Willard Colwell residing in said Smithfield do hereby certify that we are well acquainted with Simon Paine who has subscribed and sworn to the above declaration; that we believe him to be

68 years of age, that he is reputed and believed in the neighborhood where he resides to have been a Colonel of the revolution and that we concur in that opinion
Joseph Morry
William Colwell
Sworn to & subscribed the day & year aforesaid in Open Court attest J. Cooke S. Clk
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 Colonel and served as the States. And the Court further certify that it appears to them that Joseph Morry & William Colwell residents in said Smithfield & are who have signed the preceding Certificate are credible persons & that their statement is entitled to credit & that no clergyman resides in the vicinity of said applicant.
I Seal Cooke Clerk of said Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Simon Paine for a pension. In testimony whereof I have hereunto set my hand & seal of office this tenth  fifteenth day of December 1832
Seal Cooke S. Clk.

21216
Simon Paine

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Simon Paine 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? Certified by two Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yy
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? 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? yy Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yy
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? yy
XVI. ‡ Are the papers authenticated as the regulations direct? yy
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy
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 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.