Revolutionary War Pension and Bounty Land Warrant Application File W. 21,964, for Thomas Philbrook, Connecticut

SERVICE
NUMBER
Conn.
Philbrook, Thomas
N. 21,964
Mass.
Abigail
Navy
CONTENTS

15321 Rhode Island
Thomas Philbrook of Brewster in the State of Rhode Island who was in the in the company commanded by Captain Hickson of the Regt commanded by Col  Nott in the Rhode Island line for Connecticut  Brigade 84 15 days Service
Inscribed on the Roll of Black  Islands at the rate of 62 Dollars 50 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of June 1833 and sent Wm  H.C. Place Newport  R.I.
Arrears to the 4th of March, 1833 $25.00 Semi-ant. allowance ending Sept  1833 31.25 $56.25
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded By Chas  Adams Clerk, Book 2 Vol. 2 Page 124

906. Rhode Island
Abigail Philbrook widow of Thomas Philbrook
who served in the Revolutionary
war, as a private & sergeant
Inscribed on the Roll at the rate of 56 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 27 day of July 1848. and sent to
Franklin Greene Providence R.I.
Recorded on Roll of Pensioners under act February 2, 1848. Page 18 Vol. 3,
Reported to Alex. Day, August 8/48

Thomas Philbrook 7. 14176.

UNITED STATES OF AMERICA.
Rhode-Island District, sc. August Term 1832
County of Providence
On this Ninth day of August A.D. 1832 personally appeared in open Court, being a special District Court of the United States within and for said District, now in session— Thomas Philbrook a resident of Providence in the County of Providence and State of Rhode Island aged 72 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, viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
That he was born the Ninth of May 1760 in Boston Massachusetts has no record of lived in Pomfret Connecticut when he enlisted & since the War has lived in Providence — and the applicant further states that in May 1776 he enlisted in the company of Capt Eldkin & Col Motts regiment of Connecticut State Troops for a six Months campaign at Tienderoga and served accordingly as a private — and the applicant further states that in the Spring of 1779 he entered on board the Continental Sloop Providence a vessel in the employ of the United States commanded by Y e Hacher Esq as acting Lieutenant of Marines in the Summer we joined the fleet destined for the reduction of the British post on Penobscot River where our vessel with the rest of the fleet were blown up & destroyed — I was on board of the Providence about four months the officers I know are all long since dead — and the applicant further states that in the Spring of 1780 he joined a regiment of Massachusetts State Troops as Quarter Master Sergeant under Col. Mitchell he enlisted but served only four months & half he hired a substitute for a six months term off Rhode Island for remainder all which enlistments he served out and was honourably discharged but he has no written discharges —

in board of the Providence about your man's time officers I know are all long since dead and the applicant further states that in the Spring of 1780 he joined a regiment of Massachusetts State Troops as Quarter Master Sergeant under Col. Mitchell he enlisted but served only four months & a half he his or a substitute for a six months term of Rhode Island the remainder all which enlistments he served out and was honorably discharged but he has no written discharges
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. Thomas Philbrook
Attest B. Lowell Ck
We, _____ a Clergyman, residing in the _____ and _____ 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 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 Lemuel Grosvenor Mayhew, Hoppin  who has signed the preceding certificate, is a Clergyman, resident in the Harriet Cushing who have testified  for the said and that Harriet Cushing Applicant who also signed the same is a resident in the as they state and are _____ and are credible persons and that their statement is entitled to credit.
I, BENJAMIN COWELL, Clerk of said District Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Philbrook for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 12 day of October A.D. 1832
Benjamin Lowell Ck

Mayall Nicholson
11539
Abigail Philbrick
Widow of Thomas
RD
act 7 July 1838
Rejected husband died 1841
m 82 @ .41
1774. 6 mo. /m
1779 4 " Sept -
1779 4 " Sept 1780 3. " " 2 nd mo.

And now on this 22 nd day of May 1833 Thomas Philbrook cometh & maketh further oath in explanation of his declaration made August 9 th 1832, in Court - viz said Thomas says that he served six months in Col Mott's regi- ment, as stated in his declaration - And he further says that when he entered on board the Ship of War Providence commanded by H Hackett Esq in the Spring of 1779. it was in the month of May. he entered as Sergeant of Marines, but there being no Lieutenant of Marines in the Vessel, he acted as Lieutenant He never recd a commission as such but was told by said Commander, he should have one after the cruise was over if he continued in the service - He served on board this Vessel four months at least in that capacity for which he claims a pay- -share. - And he further says that when he entered the regiment of Massachusetts State Troops, as stated in his said declaration he entered as Quarters Master Sergeant

He enlisted for six months but served only four months and a half - He served fourteen months and a half in all viz & as a private, 4 as acting Lieutenants & 4 1/2 as Quarter Master Sergeant.
In Providence May 22 1833 Thomas Philbrook Sworn to before me - Oliver Lowell Commissioner of U.S. Dist Court R.I. Dist
We James Wilson auryman residing in the City of Providence and Henry Cushing residing in the same City hereby certify and say that we are well acquainted with Thomas Philbrook who has subscribed to the annexed the annexed declaration that we believe him to be 72 years of age that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
James Wilson
Henry Cushing
Rhode Island District In Providence May 22 1833
Personally appeared before me the above named James Wilson & Henry Cushing and made solemn

oath to the truth to the above affidavit by them signed and I further certify that said James residing in the city of Providence & that both he and the said Henry also residing in said city are both respectable witnesses & entitled to the fullest credit -
Benja Corwell Clerk I Commissioner of the U.S. Dist Court R.I. Dist

I Samuel Grosvenor of Pomfret in the County of Windham & State of Connecticut of Lawful Age do Testify & say that in the Spring of the year A.D. 1776 I was Hon. with a Commission of Ensign in Col. Sam l Mott Regt. Capt. Vine Elderkins Company of State Troops that I enlisted W m Thomas Philbrook then living in said Pomfret but now residing in Providence in the State of Rhode Island who went to serve as a good Soldier during the term of six Months in said Regt. when he was regularly discharged & further the deponent saith not — Sam l Grosvenor
State of Connecticut Windham County ss Pomfret July 25 th 1832.
Personally appeared before me Samuel Grosvenor Esq. signer of the above deposition and made solemn oath to the truth of the same — The reason of taking the foregoing deposition is the said Samuel Grosvenor lives at a distance from the residence of the said Philbrook — The said Samuel Grosvenor is a credible witness and to his statement full faith and credit are to be given —
Chauncy Fenton Justice of the Peace
Armin Bolles Clerk of the County Court within and for the County of Windham in the State of Connecticut do certify that Chauncy Fenton Esq m before whom the foregoing Affidavit was made is duly enrolled as a Justice of the Peace in and for said Windham County, that the foregoing signature of his name is in his hand writing, and that full faith and credit ought to be given to his acts as such —
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this 25 th day of July A.D. 1832
Armin Bolles Clerk

We Mary K Hoppin widow & Harriet Lushing wife of Henry Lushing all of Providence in the State of Rhode Island on oath do testify & say that we are both daughters of Thomas Philbrick of said Providence and we further testify that we have from our youth heard our father speak of his services in the Revolutionary war & particularly of his services on board the Providence during the Penobscot expedition so called when the American fleet was destroyed & also of his services on the Island of Rhode Island when the British were in possession of Newport We have heard him relate anecdotes relative to his Penobscot expedition of adventures which took place when travelling through the roads after the destruction of the fleet which made a deep impression upon our minds and we further testify that our Father

kept & had a Journal of his life in which were all his services mentioned, particularly, & the dates at which they were performed during the war. Our father had also many letters from different people upon the same subject. All which were lost in the great gale of wind which happened in Providence Sept 15, 1815 when the house in which he lived the lower story of it was filled with water & every thing most  was swept away
Mary K Hoppin
Harriet Cushing
August 1, 1832
Personally appeared before me the above Mary K. Hoppin & Harriet Cushing & made oath to the truth of the foregoing deposition by them signed & I further certify that deponents are respectable & credible witnesses in the premises —
Rosa Carroll Commission Dist Court R I Dist

State of Rhode Island
County of Providence
In this 4 th day of December A D 1844 personally appeared before me Jeriah Westcott Associate Justice of the Common Pleas within said County. Abigail Philbrook now resident in the City of Providence in said County age a, 6 years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision of the act of Congress passed July 7 1838 entitled "an act granting half pay & pensions to certain widows". That she is the widow of Thomas Philbrook late of said Providence deceased who was a soldier of the Revolution that he enlisted & served in various services and when the act of June 7 1832 was passed granting pensions to officers and soldiers of the Revolution he applied for & obtained the benefit of that act & she refers to the declaration he made to obtain the benefit thereof for the amount of service performed & her right to the same And she further declares that she was married to the said Thomas Philbrook on the 25 day of August A D 1782 in said Providence as will appear by the evidence submitted annexed. That her husband the said Thomas departed this life August 2 d 1841 and since that period she has remained a widow & unmarried as will appear by the evidence. She was not married to him

prior to the first of January Seventeen hundred & ninety four previous to his leaving the service but the marriage took place prior to the first of January Seventeen hundred & ninety four to wit at the time above mentioned
Abigail Philbrook
Providence R.I. In the City of Providence December 1 st 1894 Personally appeared before me the above named Abigail Philbrook and made oath to the above declaration by her signs, and I further certify that she is too old and infirm to attend court, I also certify that the statements are entitled to full credit
Josiah Westcott Justice of the Court of Common Pleas

I Henry Cushing of Providence & State of Rhode Island aged 67 years of age on oath do testify & say that Abigail Philbrick who has signed & sworn to the preceding declaration is my wife. Further that the said Thomas Philbrick died August 2 d 1841. I was present when he died since his death. The said Abigail has remained a widow & unmarried (Henry Cushing)
Providence December 10 th 1844. In the City of Providence personally appeared before me the above named Henry Cushing and made oath to the truth of the above affidavit by him signed. I further certify he is a credible witness
Josiah Westcott Justice of the Court of Common Pleas

I Anna W Philbrook of the City of Providence aged 46 years on oath do testify & say, that Abigail Philbrook an applicant for a pension is my Mother & Thomas Philbrook was my father, and I further testify that the record of the marriage of my father to my mother August 25 1782 as recorded in the family Bible & hereto annexed is in my father's hand writing, In the year 1815 at the time of the great gale & flood in said City of Providence we lived in Hydrallion Street & the tide came into our house to the height of many feet, The water drenched all my father's papers, & among them was a Memorandum of my father's marriage, I have a distinct recollection that my father copied the annexed record of his marriage into the Bible on the leaf hereto annexed, I held the memorandum in my hand, while he copied it, My eldest sister Mary Kennedy Philbrook was born May 8 1784 as appears from said record, The Bible on the leaf of which the records were made was purchased soon after said gale & flood, and has been in our possession ever since
Anna Weld Philbrook

Providence, In the City of Providence December 9. A.D. 1816 Personally appeared before me the above named Anne H. Philbrook and made oath to the above affidavit by her signing, And I further certify that is a true and correct copy, I also certify that I cut out myself the annexed leaf from the Family Bible on which is the Record of the Marriage of Thomas Philbrook to Abigail Mason and said Bible appears to have been Printed in the year 1813 Before me Josiah Westcott Justice of the Court of Common Pleas

State of Rhode Island Providence Plantations
Providence, ss
I, Albert Greene, Clerk of the Municipal Court of the City of Providence, in the County of Providence and State aforesaid, do hereby certify that Jeriah Westcott, who has signed the three preceding annexed Certificates, was, on the days of the issue thereof, a Justice of the Court of Common Pleas within and for said County of Providence, duly elected.
In Attestation whereof, I have hereunto set my hand and have affixed the seal of said Municipal Court, this 24 th day of December, A.D. 1884.
Albert Greene, Clerk.

FAMILY RECORD.
BIRTHS.
Thomas Philbrook May 9 th 1760 Abigail his Wife Dec r 2 nd 1759 Mary Kennedy Daughter of Tho s & Abigail Philbrook May 8 th 1784 Sunday at 4 o'clock A.M. John April 28 1786 on Friday 6 o'clock A.M. Harriet Feb y . 21 st 1788 on Thursday 2 o'clock A.M. Anna Weld 5 th Feb y . 1797 at 6 o'clock A.M.
BIRTHS.
Mary Anne Daughter of Geo ff and Mary K e Hoppin March 3 rd — 1803 Abby & Lorania Twin Daughters Born Dec r 3 rd 1804 Geo. Henry their son Born Nov r 14 th 1805 Harriet Born Ap r 2 nd 1808 Charles Augustus Born Aug t 9 th 1810 Lorania Born Nov r 5 th 1812 Charlotte Augusta Born March 27 th 1814 Janette Born Oct r 20 th 1816 Esther Elizabeth Born June 4 th 1819, Sophia Born Jan y 26 th 1822 Susan Miles Born Dec r 12 th 1823 Henry Jewell son of Henry and Harriet Cushing Born July 12 th 1820 Edna h their Daughter Born 7 th Feb y . 1822 Mary Anna their daughter 7 th April 1826 George Hoppin their Son Born May 11 th 1829 Harriet their daughter born Sep r 15 th 1831

FAMILY RECORD.
MARRIAGES.
Thomas Philbrook to Abigail Mason — August 25 th 1782
George Washington Hoppin to Mary K. Philbrook Sep r 3 d 1801
Henry Cushing to Harriet Philbrook Aug t 23 d 1819
George H. Hoppin to Elizabeth Hoop of Middletown Conn t Sep r 24 th 1832
Frederick Brown of Philadelphia to Charlotte A. Hoppin Mar. 28 th 1833
Catharine their Daughter Born May 16 th 1836 Frederick their son Born 30 th Nov r 1837
MARRIAGES.
May Humphreys Esq r . of Philadelphia to my beloved Grand Daughter Mary Anne Hoppin Nov r 5 th 1829
BIRTHS
Mary their Daughter, my first great Grand child Born in Philadelphia Sep r 10 th 1835
Clarra Hoop Daughter of George H & Elizabeth Hoppin 5 th August 1833 George Frederick their son Born 12 th Oct r 1836
George Hoppin son of M. & M c A. Humphreys Born 18 th Dec r 1834
Married M c Geo W m Taylor of Providence R.I. to my Grand Daughter Jeanette Hoppin July 12 th 1836

14176 Thomas Philbrook R. I.
Private 6 months Sergeant 8 " 15 days
adm't
Hon. D. J. Pearce N. post. R. I.
2829 2530n

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 subjoined 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. Those 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 Thomas Philbrook A.S.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     May 17/46. 6 Private Col. Mott 72 - born in Boston Mass   Spring 79 entered on board the US Sloop of   war Connecticut as Lieut. served on board 4 Traditionary   as such Certificate of Clergyman   Spring 80. 4 15 2 Master Sergeant Col. Mitchell and Citizens   3. Living witnesses   Credible  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
I entered as Sergeant of Marines but there being no Lieut. he was made acting Lieut. at least 4 M
20 40 250 6280

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) _____, who has 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 days 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 the 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 , 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.
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.
Mode of authenticating papers.
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.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev WIDOW, &c.
File No. 21964
Abigail Philbrook widow of Thomas Philbrook Sergt Rev War
Act: Feb 2 d 48
Index:—Vol. 16 , Page 129
[Arrangement of 1870.]

906. Rhode Island
Abigail Philbrook widow of Thomas Philbrook R.I.
who served in the Revolutionary
war, as a Pr. & Sergt
Inscribed on the Roll at the rate of 62 Dollars 50
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 30th day of August 1848 and sent to
Miss. Mary Estlin Merrimack from $56.00 Present.
Recorded on Roll of Pensioners under act February 2, 1848, Page 18 Vol. 3 .
46 Reported

7247 Rhode Island.
Abigail Philbrook, widow of Thomas Philbrook, who was a private Sergeant, in the R d Island line
Inscribed on the Roll at the rate of 56 Dollars Cents per annum, to commence on the 4th day of March, 1843.
No 838
Certificate of Pension issued the 26. day of August, 1845, and sent to Benj: Howell, Providence, R d Island
[Act of March 3, 1843.]
17 June, 1845.
Recorded in Book A Vol. 2 Page 46.

Rhode Island 7249.
Report
Abigail Philbrick widow of Thomas Philbrick
who was a Pri + Surgt in the Revolution,
Husband died 2 August 1841.
Inscribed on the Roll at the rate of 62 Dollars 50
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 30th day of August 1848. and sent to
Alex. Ray, Present.
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book A Vol. 2 Page 46
Inc. from § 36. Seduct farmer Payments under each act.

No 11539 Abigail Philbrook R.I.
Rejected. Sent to Rev. Comtee March 24. 1845
act 7 July 1838

N 11.539 Abigail Philbrook Mdaa of Thomas, R.I.
act 7 July 1838 Rejected husb died 1841
Adm. March 1843 and 17 June 1844
6 mo. per. $20.00 7. 4 d. Sept 36.00 $56.00
Benjamin Conee Providence R.I.

St. Reso: 1st July 1848 Inc. from $36.00
New Certificate in under Act 28 43 & 44, at the rate of $62.50 per share. Deduct same payment used since act.
and sent to Rev. Ray, Present.

In the case of Abigail Philbrick act 2 Feb 1848 } 14 and sent in the W. of Rhode Island —
In the case of Mr. Beardsley act 2 Feb 1848 } of New York
Their pension certificates were returned by your request for the benefit of the resolution 1 July last.
Now I respectfully request the issue of their certificates, to enable them to draw their pen- sions on the 4 Sept. next.
Yours mov. Or Sir Alex. Day Washington 26 Aug 48.
J. L. Edwards Esq. Comm ee of Pensions

Pension Office August 8th 1848.
Sir,
The application for increase under the Joint Reso. of the 1st July, 1848, in the case of Abigail Philbrook, widow of Thomas Philbrook, has been received and filed.
Before a certificate granting her a pension at the same rate her husband received can be issued, the one she now holds under the act of 2nd February, 1848, must be returned.
I am, very respectfully, Your Ob. Servt. H. S. Evans for Comr of Pensions
Abeyanda Ray Esq., Present.

Aug 26/78
Heirloom Book
James M. [unclear]
J. L. Edward W.
Cour. of Pensions
War. Department

Washington Aug 14. 48
Phil
In compliance with your letter of the 8 th hereof, also enclose Benjamin Phil = Brooks pension certificate made ad. Feb. 2. 48. That a new one may issue under the resolution 1 st Feb 1848. I remain you most orn In Alex. Gray
J. L. Edward Esq Comm r of Pensions

Abigail Philbrook Payment to be made at Providence by
Paris Hill Esq.
Agent for paying Pensioners, in the Agency of Rhode Island
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 18 Vol. 3.
G. G. Perkins Clerk.

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Abigail Philbrook, widow of Thomas Philbrook who was a Private & Sergeant in the revolutionary war, is inscribed on the pension list at the rate of fifty Six dollars and _____ cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the War Office of the United States this 27 th day of July one thousand eight hundred and forty eight.
W. L. Marcy
Secretary of War.
Examined and Countersigned.
J. S. Edmards Commissioner of Pensions. By H. S. Evans

Providence Dec 26 1844
Sir
I have with enclose the application of Mrs Abagail Philbrook widow of Thomas for a pension under the act of July 7 1838.
I am respectfully yours at least Benja Laven
J L Edwards Esq

Providence July 22 1845
Sir
In answer to your letter of March 24 ult, I herewith enclose the certificate of the Secretary of Massachusetts of the services of Thomas Philbrook in Col. Mitchell's Regiment in 1780, the other services of said Philbrook you observe are "satisfactorily established". I have therefore now to request that the claim of his widow Abigail Philbrook may be granted. The services now proved & admitted are Six Months in 1776 four Months in 1779 & Three Months & 6 days in 1780.
I am very Respectfully Your obed Servt Benja Lowell
J. L. Edwards Esq

Commonwealth of Massachusetts.
Secretary's Office, Boston;
July 17 1845.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Thomas Philbrook is borne as 2 d Sergeant upon a pay roll for the field and Staff officers of Col. Abial Mitchell's reg t detached from the county of Bristol, to re-inforce the Continental Army at R.I. — from July 22 to Oct. 31, 1780, including allowance for 40 miles travel, 3 months, 6 days, — being all the evidence of service in the case.

1225 And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Phipps, Secretary of the Commonwealth.

Whereas I have then made an application for a pension on account of the services of my late husband Thomas Philbrook who was a soldier of the Revolution & served in Massachusetts & Whereas The Commissioner of Pensions has requested me to obtain a certificate from the Secretary of State of said Massachusetts of said services Now therefore I humbly request the said Secretary of State to examine the Rolls of Revolutionary services & more especially the Rolls of Col. Mitchell's regiment in 1780 in which my said husband was Quartermaster Sergeant. My said husband was also Sergeant of Marines in the Penobscot Expedition in 1779, which service herein has been admitted by said Commissioner of Pensions as well as six Months in 1776 in Col. Mott's regiment In witness whereof I have hereunto set my hand & seal this 9th day of April 1845
Abigail Philbrook
Providence ss City & County of Providence April 9 th 1845 Personally came Abigail Philbrook and made oath that the statements above made are

true & correct Statements according to the best of her knowledge & belief Before me Walter W. Weddick
Justice of the Peace

Abagail Philbrook

State of Rhode Island
County of Providence On this 18 day of July A.D. 1848. personally appeared before the Subscriber a Justice of the Peace within said County, Abigail Philbrook now resident in the City of Providence aged 89 years who being duly sworn according to law doth make the following declaration in order to obtain the benefits of the several acts of Congress granting pensions to the widows of Revolutionary officers & soldiers viz that she is the widow of Thomas Philbrook late of said Providence deceased, who was a Pensioner under the act of Congress of June 7 1832 and drew a pension at the agency at said Providence of sixty two dollars & fifty cents per Annum at the time of his death which took place August 2 1841 That after his death this applicant applied for & obtained a pension under the act of Congress of July 7 1838, & other acts continuing the benefits thereof of fifty six dollars only That she was & now is entitled to the same pension her said husband drew at the time of his death according to the provisions of the acts of Congress, For further proof she refers to Archives now in the Bureau

of Pensions at Washington Wherefor she requests that her name may be placed on the Pension Roll at Washington Providence at the rate of sixty Two dollars & fifty cents per annum from the date of her husband's death & so continued agreeably to the provisions of the acts of Congress aforesaid
Abigail Philbrook.
Subscribed & sworn to before me the day & year aforesaid. I further certify that the subscriber, Abigail Philbrook, is a respectable person and her above statement entitled to full credit, and that she is the same person who has drawn a pension under the aforesaid mentioned Acts.
Rollin Mathewson Justice of the Peace.
State of Rhode-Island and Providence Plantations. Providence, ss. I Albert Greene, Clerk of the Municipal Court of the City of Providence, in said State, do hereby certify, that Rollin Mathewson who has signed the preceding Certificate, is a Justice of the Peace within and for said City of Providence, Duly elected. In attestation whereof,

I have hereunto set my hand and have affixed the seal of said Court, this eighteenth Day of July, A.D. 1848.
Albert Greene, Clerk.

July 27th
James
Abigail Philbrick
Post 48 R.D.
James L. Edwards, W Commissioner Pensions War Department
Wm Lloyd Brant

House of Representatives July 29. 1848.
Sir,
I enclose herewith an application, made by Abigail Philbrook of Rhode Island, a pensioner under act 1838 at the rate of $56 per annum.
She claims, under the resolution of July 1. st inst. at the rate her husband was allowed under act 7 June 1832, at the rate of $62. 50 and for the payment of the arrear, thereon, You will report to Mr. Alexander Day of Washington when examined.
I remain your
most respectfully
H. B. Stanton
J. L. Edwards Esq. Commissioner of Pensions

Abigail Philbrook
7247
Ad
admitted
Franklin Greene Providence R.I.

State of Rhode Island, } ss. COUNTY of Providence }
On this First day of July 1848,
personally appeared before the subscriber, a Justice of the Peace in and for the county of Providence , Abigail Philbrook , a resident of Providence in the county of Providence & State aforesaid , aged eighty nine years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d of February, 1848, granting pensions to widows of persons who served during the Revolutionary war:—That she is the Widow of Thomas Philbrook , who was a Private & Sergeant in the war of the Revolution, and that she received a pension of Fifty Six dollars per annum, under the act of 17th of June, 1844. She further declares that she is still a widow.
Sworn and subscribed on the day and } ss. year above written, before me, }
Franklin Greene
Justice of the Peace.
Abigail Philbrook
I certify that the above named affiant is personally known to me, and that she is the same individual who drew a pension as stated by her in the foregoing affidavit.
Franklin Greene
Justice of the Peace.
State of Rhode Island, } ss. COUNTY of Providence }
I John W. Smith Clerk of the Court of Common Pleas in the county aforesaid, being a Court of Record, do hereby certify, that Franklin Greene is a Justice of the Peace in the county aforesaid, and is fully authorized to act in said capacity, and that his signatures above written are genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Providence on this nineteenth day of July 1848
John W. Smith clerk.