Revolutionary War Pension and Bounty Land Warrant Application File S. 11259, for Jeremiah Powell, Massachusetts

SERVICE
NUMBER
Mass. R.I.
Powell, Jeremiah
S 11259
carded
CONTENTS
[Ruled lines for handwritten entries]
[Ruled lines for handwritten entries]

20 1/2 New York
Jeremiah Powell
Oneida in the State of N. York who was a Sergeant in the Comp y commanded by Captain Boyd of the Reg t . commanded by Col. Arewer on the Mohawk line for 11 1/2 mos Priv. 2 1/2 " Serg t
Inscribed on the Roll of N. York the rate of 60 Dollars 82 Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 day of July 1833 and to the H. Walker Whitesboro
Arrears to the 14th of Mar 33 $ 120 Semi-ant. allowance ending 4 Sep 33 30 $ 150
Revolutionary War Go. C. C. C. Recorded by Book 8 Vol. 3 Page 1
Mass. & R.I. Records completed, Apr 5/55

Jeremiah Powell Pension Papers.
14742.
hand
adm'd 11 1/2 mo pri 2 7/8 Sergt. 14 "

declaration in order to obtain the benefit of the Act of Congress passed June 7 1832
State of New York } } On this Eleventh day of Septem- Oneida County } ber 1832 personally appeared in open Court before the Judges of the Court of Common Pleas in & for the said County now sitting here - Miah Powell a resident of the Town of Whites-town in the County of Oneida and state of New York aged eighty two years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 1832
That he entered the service of the United States under the following named officers and served as herein stated
That he was born at the Town of Bellingham in the County of Suffolk in the state of Massachusetts on the 15 th day of February 1750
That he has no record of his age,
That a part of the time when he entered the service he lived in Franklin, Massachusetts & a part of the time in Smithfield state of Rhode Island, that at the close of the revolutionary war he resided at Smithfield aforesaid & removed from there in 1789 to Whites-town in the County of Oneida & state of New York where he has ever since & still resides,
That in the year 1775 in the month of May he thinks, he volunteered at Franklin aforesaid in Captain John Boyds Company of Militia, the names of the Lieutenant & serjeant he cannot remember, the orderly serjeant's name was Whiting, that he does not recollect who commanded the regiment or any of the other officers

at that time, that he went from Franklin to Roxbury & staid there about three weeks when he was discharged
That in the month of August of the same year viz 1775 he again volunteered at Franklin aforesaid in the same company - commanded also by Capt. John Boyd & the same officers & went again to Roxbury & remained there at this time thirty days when he was honorably discharged, thinks Col. Brewer commanded the post at Roxbury at the time. He thinks Gen. Putnam was there some of the time
That the same year viz 1775 he thinks about the first of November he went as a substitute for one Nathaniel Scott who had enlisted in the 8 months service & whose term of service had about half expired, & was in Capt. Saffyn Whiting's company he thinks, one Fisher was the lieutenant & he believes one Bean was the ensign in Colonel Samuel Brewer's Regiment the name of the Lieutenant Colonel & Major he does not recollect, but he thinks one Bean was the adjutant, that he went from Franklin aforesaid to Roxbury & remained there until his term of service for which he entered as a substitute had expired having been in the service at this time for four months when he was honorably discharged & received a written discharge but who it was signed by he can not tell, but he has since lost it, & returned to Franklin, having been discharged about the first of March 1776
That before leaving Roxbury immediately after receiving his discharge he again volunteered for the term of forty days in Captain Whiting's company & the same officers as in the eight months service in the same regiment & remained there until his time had expired

his first days when he was honorably discharged & then returned to Franklin about the last of April,
That in the month of August & he believes the 1 st  day in the year 1777 he was drafted at Franklin for the term of three months as he believes & was in Captain Peter Penniman's Company, in which Philip Duradown was the Lieutenant, & William Torrey was the ensign he thinks, & Mr. Torrey was also the orderly serjeant, that he marched from there to Bennington, that he thinks the Colonel of the regiment was Col. Spencer the other officers of the regiment he does not recollect that Gen. Gates commanded at Bennington at the time, that he was in the Battle at Saratoga under Gen. Gates on the 7 th October & were under arms all day & drawn up in line of Battle but was in the rear the company & was not called into the heat of Battle but remained stationed at a particular point ready to be called on when Gen. Gates should direct, that he remained at Bennington until after the surrender of Burgoyne, when they were marched to White Plains remained there until he was discharged, about the middle of December, having been detained in the service about one month & a half longer than he was drafted for making in the whole about four months & a half & had a written discharge but cannot recollect who signed it & has lost it, & then returned to Franklin
That afterward he went to Smithfield in Rhode Island to reside, he thinks in the year 1778 in the fall of the year but the month he
commanded the regiment or any of the officers

can not now distinctly recollect he was drafted for two or three months but which he can not speak with certainty as Capt Potter's company the given name he can not tell, & Rufus Steele was the Lieutenant & the en sign's name was Sylvanus Dayles & after he had been in the service two or three weeks he was appointed orderly sergeant & served as such until his term of service had ex- pired, that he was in Colonel George Peck's regiment, the name of the Lieut Colonel he does not recollect but he thinks the Major's name was Owens, they marched to Warwick Neck in Rhode Island & remained stationed there until their term of service had exhi- red when he was honorably discharged at that place, but he does not recollect whether he received a written discharge or not if he did he has lost it, & he was out at this time two or three months but which he can not be positive, that he recollects he was discharged in the winter but the month he can not tell That he well knew Capt Boyd who was afterwards in the regular army, that he knew one Capt Fish also, & these are the principal he now recollects That he was out on several occasions both before & after the last mentioned service he was out on alarms & was out some times some times 3 or 4 days at a time.
That the whole time he was in actual service besides the times he was out on alarms as above mentioned is about thirteen months & a half, but including alarms & was more than fourteen months
That he has no documentary evidence of his service

That he knows of no person whose testimony he can procure who can testify to his service except it may be Ariath Alverson who now lives in the Town & County of Madison State of New York, who may know something about it. That he had no written discharges except as above mentioned.
That the names of persons to whom he is known in his present neighborhood who can testify to his character for veracity & their belief of his services as a soldier of the revolution are as follows viz, Judge Needham Maynard of New Hartford, James Wilson of Whitestown Farmer, Gen Theodore Sike Counsellor at Law - Whitestown, Lewis Berry Conr Sleeper, Ariath Stevens Esqr Justice of the peace Whitestown
He hereby relinquishes ever claim whatever to a pension a 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 } Jeremiah Powell the day and year aforesaid } J. B. Read Dep Clerk
We Needham Maynard _____ residing in the town of New Hartford _____ Oneida County aforesaid and William Alverson _____ residing in the town of Whitestown Whitestown _____ hereby certify that we are well acquainted with Jeremiah Powell of Whitestown who has subscribed and sworn to the above declaration that we believe him to be about eighty two years of age that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution, & that we concur in that opinion & that he is a man of truth. Sworn & subscribed the day & year aforesaid } Needham Maynard William Alverson

Joseph B. Read Deputy Clerk
and the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the inter- rogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, & served as he states. The Court further certifies, that it appears to them that Reedham Maynard Esquire who has signed the preceding certificate, is a clergyman , resident in the town of New Hartford, & that William Alverson of Whetstone is a credible person, & that their statement is entitled to Credit.
By the Court E. Hayden, first page
I George Brown Clerk of the Court of Common Pleas in said County do hereby certify that the foregoing _____ contains the original proceedings of the said Court in the matter of the application of Jeremiah Powell for a pension.
In testimony whereof, I have hereunto set my hand & seal of office this eleventh day of September A.D. 1832.
Geo. Brown Clerk
State of New York } County of Oneida } p. Personally appeared before me the undersigned a Justice of the peace of the Town of Whetstone in & in the County of Oneida Jeremiah Powell the applicant named in the annexed declaration who being duly sworn depreth and saith that

by reason of old age and the consequent loss of memory he can not 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 eleven months & an half I served as a private soldier. For two months & an half I served as an orderly sergeant and for such service I claim a pension. That the reason he has not obtained the evidence of a Clergyman and another respectable citizen as to their his belief respecting his age and the general belief in his neighborhood relative to his revolutionary service is that there is no clergyman residing in his neighborhood, & this deponent resides near the extremity of the Town & is not sufficiently acquainted with any Clergymen to enable him to speak of his belief in relation to his services. He was therefore unable to procure any one
Jeremiah Powell
Subscribed & sworn to before me this 28 day of May 1832 I certify that the said Jeremiah is well known to me & is a man of truth & veracity. Micah Stevens Justice of the Peace
State of New York } I George Brown Clerk of the Clerks Office Ulster County } Court of Common Pleas & of said County do hereby certify that the foregoing affidavit purports to have been sworn to was at the date the same was taken a Justice of the Peace in & for said County and

duly authorised by Law to act as such Justice and that I am well acquainted with his hand writing and verily believe the signature of to be his proper hand writing.
Witness my hand & seal of Office at the City of Utica this 30th day of May 1833
Geo Brown Clerk For B Read Dyck
Rich Powell Pension Paper
4742.
room d the mo pre Sergt.

14.742
Jeremiah Powell Oneida Co NY
5.16.
P. 392
May 16 33
96 Baker P.M. Whitestown N.Y.

BRIEF in the case of  Jeremich Powell  of  Oneida Co  in the State of  New York  (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? 82 years  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.     May In 1775 21 Private Capt Boyd   August 1775 1 " Capt Boyd Col. Brewer   Nov 1775 4 " Capt Whiting Col. Brewer   1776 1 12 " Capt Whitney Col. Brewer   Aug 1777 4 15 " Colt Penniman Col. Spencer   1778 enlisted for 2 or 3 " Capt Patten Col. Park  
 5. In what battles was he engaged? Saratoga  6. Where did he reside when he entered the service? Franklin Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not attested as reg d 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Atts Examining Clerk.
3615  166  1250   6082

Rev War
11259 INVALID.
File No. 11259
Jeremiah Powell Sergt Rev War
Act: June 7 th 82
Index: Vol. 2 , Page 308
[Arrangement of 1870.]

Jeremiah Powell

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Jeremiah Powell Oneida Co NY 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? No
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? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no
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? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no
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? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? no
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.