Revolutionary War Pension and Bounty Land Warrant Application File S. 4047, for Joseph Rathburn, Massachusetts

SERVICE
NUMBER
Mass
Rathburn Joseph. Rathbun or
S. 4047
carded.
CONTENTS

7. 806 Ohio. Pittsburgh.
1833 Februy. 12. Lt. Col. J. Lewis =
Joseph Rathbun.
of Pittsburgh in the State of Ohio who was a Private in the company commanded by Captain Sprout. of the Regt. commanded by Col. Sprout, in the Mass. line for Six Mos s 1/2.
$21. 66
Joseph Rathbun Records etc.
Inscribed on the Roll of Ohio. Pittsburgh. at the rate of 21. Dollars 66, Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 10 th day of April 1833 and sent to Sam l Hendre Jefferson. Ohio.
Arrears to the 14th of March 1833 43. 32 Semi-ann. allowance ending 4. Sept. 33. 10. 83.
$54. 15.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Palmer. Clerk, Book E. Vol. 8. Page 125.

Cleveland Feby 6 th 1858— Hon L P Waldo
Commr of Pensions Sir
In September 1853 Mr Rathbone mailed at Conneaut Ohio his father
Joseph Rathbone Pension Revolutionary Certificate dated to me at Washington D.C where I then was it never came to hand
This fall his father died there being nearly 2 Years pension due Please instruct me how to obtain it for his son he was a Prisoner at this Cleveland agency I think
Very Respectfully G B Lewis

13170 - 7.80 1 Joseph Rathbun
book on Map ordo An ordo
Admitted for 6 months 815 days from 1776
109 21. 6 gr.
Samuel Hendry Esq. Clerk Sapperson Ashtabula Co Ohio

County  BRIEF in the case of  Joseph Rathbun of Maume  of Ashtabula  in the State of Ohio  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70  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.     Enlisted 20 th May In 1776 — 6 15 Private  Gen. G. Sprout { Massachusetts  Capt. Burback { line   
 5. In what battles was he engaged? not any  6. Where did he reside when he entered the service? Tyringham, Berkshire Co. Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcox Examining Clerk.  19. July 1833

Joseph Brathman, Application for a Pension -

STATE OF OHIO, } ss. Ashtland County, }
ON this 24 th day of September 1832 personally appeared in open court, before the court of Common Pleas now sitting, Joseph Rathburn a resident of Monroe in the county of Ashtland and state of Ohio, 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. While he was a resident of Tyngsborough in the County of Berkshire and State of Massachusetts, and there he enlisted in the Massachusetts Line for the term of six months, at Great Barrington in the State aforesaid, into the Company commanded by Captain Benkirk, the regiment to which they belonged was commanded by Colonel Sprague the field officers who served at that time, were General Patterson, Glover, Hildreth, Pease, and some others whose names are not recollectable, that soon after his enlistment as aforesaid, he marched in said Company to Fishkill, where said Company, joined other forces under other officers whose names are not recollectable.
That he was quartered with said troops West Point, Poughkeepsie, New York, Haverstraw, Patankill, etc. That to the best of his recollection he enlisted as aforesaid in the month of May the 20 th day, A.D. 1780. That his period of enlistment expired while the army was quartered at West Point at which place he was discharged on the 15 th day of December of the same year. That he had a discharge of the above mentioned term of service with the withdrawal or eighteen years since, when he lost the same, that he has therefore no documentary evidence of his service, nor has he any other living witnesses to his knowledge to prove the same except as aforesaid.
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, or (if any) only on that of the agency of the state of
SWORN to and subscribed, the day and year aforesaid.
in Open Court - Attest Sam l Hendry Clerk
WE, Paul Stephens clergyman residing in the County of Ashtland and Samuel Moffett residing in the same County hereby certify, that we are well acquainted with Joseph Rathburn 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 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.
in open Court - Attest Sam l Hendry Clerk
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 Paul Stephens who has signed the preceding certificate, is a clergyman, resident in the town of Monroe and that Samuel Moffett who has also signed the same, is a resident in the same place and is a credible person, and that their statement is entitled to credit.
I, Sam l Hendry 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 Joseph Rathburn for a pension.
IN TESTIMONY whereof, I have hereunto set my hand and seal of office, this 25 th day of September A. D. 1832
Sam l Hendry Clerk

The State of Ohio Ashtabula County ss.
Court of Common Pleas September term D 1832
I Paul Stephens of lawful age being sworn on my oath say that to the best of my recollection I enlisted into the service of the United States in the Mass. & Vermont State Troops, in a company commanded by Captain Maine, in the Regiment commanded Colonel Sprout, that I joined said Regiment at Fishkill, that I was knowing to Joseph Brathburn Service at that time he belonged to a company in the same Regiment to which I was attached, in a company commanded by Captain Brinsbarks, that I used to see him almost every day for nearly six months, that during part of the time he served in the same company with me, that I am unable to state the time of his discharge, as I was detached with other forces towards New York, that he has known him for about two years past and has no doubt but he served as he has stated in his application for a pension.
Paul Stephens
Sworn to & subscribed
Sept 25th 1832
Sp. Moffitt Associate Judge

Rev. and 1812 Wars Section KEE/esl
August 1, 1929
Mrs. J.B. Butter 651 East 7th Street York, Nebraska
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 4047, it appears that Joseph Rathburn, while residing in Tyngsborough, Berkshire County, Massachusetts, enlisted at Great Barrington, Massachusetts, May 20, 1780, served as a private in Captain Burbank's Company, Colonel Sprout's Massachusetts Regiment and was discharged December 5, 1780.
He was allowed pension on his application executed September 24, 1832, while a resident of Monroe, Ashtabula County, Ohio, aged seventy years.
He died in the autumn of 1854.
The name of the soldier's wife is not given. A son, name not shown, was living in Conneaut, Ohio, in 1853.
In order to obtain the date of last payment of pension, the name of person paid and possibly the date of death of the Revolutionary War pensioner, Joseph Rathburn

(S.4047) you should apply to the Records Division, General Accounting office, Washington, D.C., citing all of the following data:
Joseph Rathburn, Certificate No.7806, issued April 6, 1833, rate $21.56 per annum, commenced March 4, 1831, Act of June 7, 1832, Ohio, Pittsburgh Agency.
Very truly yours,
EARL D. CHURCH Commissioner.

Rev Way
4047
INVALID.
File No. 4047
Joseph Rathburn Prio Mass. Line
Act: June 7, 1832
Index: Vol. A , Page 308
[Arrangement of 1870.]
*Joseph Rathburn. Records corrected Apr. 2nd - a

Apr 24'96 Sold penud to Wm Spears. Denver Colo.
JMB
Dec-19-1902 Mrs. M. N. Johnson San Antonio Texas
1929 Aug 1, Hist to Mrs. J. B. Butler, M. E. C.

FREE
Hon. L. P. Waldo, Commr of Revenue Washington D.C.

Joseph Pathrun BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of 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? 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? 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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? 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 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 shewn 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.

The State of Ohio } Cuyahoga county }
The Deposition of Edmund Rathbun
I Edmund Rathbun of the township of Newburgh in the county of Cuyahoga and State of Ohio, being of lawful age, do depose and say that I was acquainted with Joseph Rathbun of the township of Tyringham in the county of Berkshire and State of Massachusetts, and Paul Stevens of the township of Lee, county and State aforesaid at the time that they enlisted in the Massachusetts line for the term of six months, which term of service was performed by each of them to the best of my recollection - the place of rendezvous for mustering was at Great Barrington, in the county and State aforesaid, they served in the Company commanded by Captain Burbanks the Regiment commanded by Colonel Sproatt, the field officers serving in the campaign if my memory serves, were Generals Patterson - Glover, Nicholson, Poor and Lord Sterling, The country we marched through from the place of rendezvous, were to Fishkill, West Point, Kings Ferry, Tappan, Haverstraw, Totaway &c, in the State of New Jersey - the year in which the campaign was performed I am unable to tell, other than that it was the same of Arnolds Treason and Major Andres execution - The time of their enlisting I am unable to determine whether in the month of May or June, but am confident of their

Serving the full term of their enlistment and further this deponent saith not.
Edmund his X Rathburn mark
Sworn to and subscribed before me at Newburgh in the County of Cuyahoga and State of Ohio this third day of August one thousand eight hundred and thirty two.
Lewis Peet justice Peace
The State of Ohio } Cuyahoga County } } do hereby certify and make known that Lewis Peet Esquire before whom the foregoing Deposition was taken and acknowledged, was on the date thereof and still is an acting justice of the peace within and for said County duly commissioned and sworn to all whose official acts full faith and credit ought to be given In testimony whereof I hereto sign my name and affix the seal of said Court this fourth day of August AD 1832 Horace Perry CLK

O. W. AND N. DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Searched by _____
Claim No. _____
Certificate No. _____
Claimant _____
Soldier _____
Service _____
Additional service _____
Remarks _____ _____ _____ _____ _____ _____ _____
_____ Chief of Division.

HO 47
Jos Rathburn
Sept 24. 1832 - 70 Scraborough Church Monroe, Holland & Co
May 80 Gringham Mass.
Capt. Burbank
Col. Sprague
Out 6 1/2 — 6 1/2
Signed his name Rathburn
see 1 Dat

San Antonio Texas Dec 7 th 1909
Pension Bureau Washington D.C.
Will you please inform me if the Name of Joseph Rathbone is on record as receiving a pension in the Revolutionary War He lived in Ashtabula County Ohio and I understand was a Soldier in the Mass-Continental line but do not know what Co- or Regiment. He received a pension until his death in 1854 Such information will be gratefully received Respectfully
Mrs H. C. Isherwood 238 Woodlawn Ave San Antonio Tex

U. OLD WAR & NAV. S. DEC 15 1902 FILES. B.
PENSION OFFICE. DEC 12 1902 U. S.

EDWARD LOWELL KELLY, DENVER, COLORADO
KELLY & WESTLING, 727 16TH ST.
Denver, Colo., 4/18/96.
Pension Dept., Washington, D.C.
Will you kindly send me the military history of Joseph Rathbun private Mass. continental Line, pension commenced Mar. 4-1831, resided in Ashtatula Co., Ohio, in 1834, age 74 yrs; a soldier of the Revolutionary War.
The Rathbun, or Rathbun or Rathbone settled in Essex Co., Mass., in 1660. At that time the family spelled the name Rathbone but the descendants have spelled it according to the three ways I have given above.
Respy yours,
P.O. Box 519.
H. M. Spears,

U.S. WAR & NAVY APR 20 1896 P.L. H.S.N.

U. S. Commissioner of Pensions, Washington, D. C.
My dear Sir:--
While Joseph Rathburn was living at Ashtabula Co. Ohio, he was a Pensioner of the Gov't for service in the Revolutionary war. Will you please give me a statement to this affect, and also will you state in what Regiment and Co. he served, and any data concerning him that you have and will give me, I will appreciate very much.
To whom was the last payments of pension paid, and do you have data concerning any of his family ?
Very sincerely yours,
Anna R. Butter
April 24, 1929
Mrs. J. B. Butter 651 East 7 th St. York, Nebraska.

O. W. & N. Div. L. W. B.
O. W. & N. Div. L. W. B. I. 4047.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C., April 24th, 1896.
Sir:-
Replying to your request for information concerning the military record of Joseph Rathbun, a soldier of the Revolutionary war, you are advised that he made an application for pension on September 25th, 1832, at which time he was residing at Monroe, Ohio, and 70 years of age, and his pension was allowed for 6½ months' actual service as a private in the Mass. troops, Revolutionary war; a part of the time he served under Capt. Burbank and Col. Sprout. He enlisted from Tyringham, Mass.
Very respectfully,
Commissioner.
Mr. W. M. Spears,
Box 519, Denver, Colo.

N. Division.
DEPARTMENT OF THE INTERIOR, Bureau of Pensions, Washington, D. C.,
In reply to your request for a statement of the military history of _____ a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. STATE. CAPTAIN. COLONEL.      
Battles engaged in, Residence of soldier at enlistment, Date of application for pension, Residence at date of application, Age at date of application,
Remarks:
Very respectfully,

BOUNTY LAND WARRANT RECORD CARD*
NAME Rathburn, Solomon GRADE Private LINE New Hampshire
WARRANT NUMBER 3434 ACREAGE 100 ISSUED June 1, 1793 to Stephen Thorne, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.