Revolutionary War Pension and Bounty Land Warrant Application File S. 17,612, for John Otis, Massachusetts

SERVICE
NUMBER
Mass.
Otis, John
S17612
CONTENTS
Carded

Deed 11 July 1832
78 Pym
21.585 Massachusetts
John Clis
of Plymouth Co. in the State of Mass who was a private in the Comp. commanded by Captain Leser of the Regt. commanded by Col. Thomas in the Heights line for 8 months { Declaration filed 11 th July 1832 Certificate issued in favor of his widow Children also, Elias & Joseph & his sister etc Avis & Sophia etc }
Inscribed on the Roll of Heights at the rate of 26 Dollars 66 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 28 th day of Sept. 1832 and in the Co. of Plymouth
Arrears to the 4 th of Mar. 32 $ 26.66 Semi-ant. allowance ending 11 th July 32 14.70 $40.70
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Go. C. Stiles Clerk, Book E. Vol. 2. Page 62.

Commonwealth of Massachusetts.
Plymouth Ys. At a Court of Probate holden at East Bridgewater in & for said County on the first Tuesday of July A.D. 1833.
Present Hon. Wilkes Wood Judge
It is made to appear to the satisfaction of said Court that John Otis late of Scituate in said County deceased who was a Soldier of the Revolution died at said Scituate on the eleventh day of July A.D. 1832 and that he left no Widow but the following persons his only heirs at law, viz:
John Otis D o . Silas Otis, Joseph Otis, Betsey Vinal wife of Nahum Vinal and Sophia Otis all children & over twenty one years of age.
Otis Peirce & William Peirce, grand children of s d dec d & children of his deceased daughter Winnet A. Peirce by Nath l Peirce her husband now living, the said Otis & William being over twenty one years of age.
Noah Bailey, Hatt Bailey & Otis Bailey, grandchildren of s d dec d & children of his deceased daughter Mercy Bailey by her husband Ebenezer Bailey now living the said Noah, Hatt & Otis being over twenty one years of age.
Winnet A. Litchfield & Sumner Litchfield, Minors grandchildren of s d dec d & children of his deceased

daughter Abigail by her husband Milton Litchfield now living.
In witness whereof I have hereunto to set my hand & seal of office this second day of July in the Year of our Lord one thousand eight hundred & thirty three.
Jacob H. Lord Register of Probate

John Otis Declaration
24825

County of Plymouth
State of Massachusetts.
On this twenty eighth day of August A.D. 1832. personally appeared in open court, before the Hon. Wilkes Wood Judge of the Court of Probate now sitting at Scituate in said County, John Otis of Scituate aforesaid. Administrator upon the estate of John Otis late Scituate in the County of Plymouth and State of Massachusetts, who deceased July the eleventh A.D. 1832. and who was seventy eight years of age. — Who being first duly sworn according to law, doth, on his oath, in behalf of the widow and children & next of kin of said John Otis deceased, make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7 A.D. 1832. — for the heirs of said deceased. — according to information hereof received from said deceased when he was fully informed. That he, said John Otis deceased, entered the service of the United States under the following named officers, and served as herein stated.
About the first of June Seventeen hundred and Seventy five said John Otis enlisted into a Company Commanded by Capt. Joseph Soper, whose first Lieutenant was Johnathan Turner, Second Lieut. Enos Briggs, and were attached to Col. Thomas Regiment. Said Soper's Company was stationed in Scituate and Marshfield, three months each, and the said John Otis deceased served in said Company, in the war of the American revolution for the term of six months, guarding the sea board, at the expiration of said term, winter setting in early, no further danger being apprehended the Company was discharged.
Again in 1778. there was a call upon the militia, and the aforesaid John Otis enlisted into a Company Commanded by Capt. Jonah Water — and marched through Hanover, Pembroke, Bridgewater, Taunton, &c to Rhode Island, served two months. Other not recollects, was on the Island during the great storm in August of that year.
There is no written discharge to be found among said John Otis papers, nor is there any documentary evidence, known to the subscriber to prove the service, but the following persons viz. Barnabas Webb, and have testified to the service above described, and whose depositions are hereto annexed.
The said John Otis was born in Scituate July eighth A.D. 1754. and the Town clerk's certificate is hereto annexed in proof. The aforesaid John Otis has often stated to the subscriber that he volunteered his service, and that he was never drafted, nor never served as a substitute for any one.
And the declarant in each further states, that in said Interstate and to his personal knowledge on the eleventh day of July last past.

I John Otis 2 Administrator as aforesaid in behalf of the widow and children of the aforesaid John Otis deceased hereby relinquish every claim whatever to a pension or annuity except the present, and declare that the name of the said John Otis deceased is not on the pension roll of the agency of any State. in
John Otis 2 { Administrator upon the Estate of John Otis
Sworn to, and subscribed, the day and year aforesaid. in Attest Jacob H. Lord Register
We Samuel Deane a clergyman residing in the Town of Fitzdale, and Elijah Pierce residing in the same hereby certify that we were well acquainted with the above named John Otis deceased, and that we believe him to have been seventy eight years of age. that he was reputed and believed in the neighborhood where he resided to have been a soldier of the revolution, and that we concur in that opinion. in
Samuel Deane Elijah Pierce
Sworn, and subscribed, the day and year aforesaid. in Attest Jacob H. Lord Register
And the 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 John Otis deceased was a soldier of the revolution, and served as within stated, and the Court further certifies, that it appears to them that Samuel Deane who has signed the preceding certificate is a Clergyman resident in the Town of Fitzdale and that Elijah Pierce who has signed the same is a resident also in said Town of Fitzdale and is a credible pierce , and that their statement is entitled to credit. in By the Court, Attest Jacob H. Lord Register
I Jacob H. Lord Clerk of the Court of Probate for the County of Plymouth do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of the Administrator upon the estate of John Otis deceased for so much of a pension as was due to said Otis at the time of his death. in
In witness whereof I have hereunto set my hand and seal of office this twenty eighth day of august A.D. 1832.
Jacob H. Lord

Plymouth ss. I Jacob H. Lord Register of Probate for the County of Plymouth, do hereby certify that at a Probate Court held at Scituate in & for said County on the twenty eighth day of August A.D. 1832 John Blis 2 d was duly appointed Administrator on the Estate of John Blis late of said Scituate, Yeoman, deceased & that he took upon himself that trust by giving Bond as the law directs. In testimony whereof I have hereunto set my hand & seal of Office this thirtieth day of April A.D. 1833.
Jacob H. Lord

M 826 John Otis Massachusetts
Died 11 July 1832
private 8 months
Upon a Certificate in favor of the following named prison children of the deceased.
John Otis 2 d Silas Otis Joseph Otis Betsey Vinal Sophia Otis
J. A. Lord Esq Plymouth Mass

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 subjjoined 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 John Ellis Plymouth County Mass
   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.     Enlist 1775 1 1 1 " Capt Soper Col Thomas 78 years Living Witness for him   ~ 1778 2 Capt Waters  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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.
[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.
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 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.
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.

17612 INVALID.
File No. 17612
John W. Pr. New York
Act: June 7 th 88
Index:—Vol. / , Page 288
[Arrangement of 1870.]

Jacob H. Lourd
Barnabas Wolos Signature for John Olis

I Barnabas Webb of Fitchburg in the County of Plymouth and State of Massachusetts aged Seventy Nine years do testify and say that John Otis late of Fitchburg in said County and State aforesaid deceased, served with me one campaign of Six months in the war of the American revolution at Fitchburg and Marshfield, in the year A.D. 1775, in a Company Com- manded by Joseph Loper, and were attached to Col Thomas Regiment, said Company was stationed three months at Fitchburg, & three at Marshfield, and further saith not.
Barnabas Webb
Plymouth J. August 25-1882 Then the above named Barnabas Webb made oath that the above declaration by him subscribed is true before me. Samuel H. Turner Just: Peace
And I certify that I have personally acquainted with the above named Barnabas Webb for many years and that he is a credible person. & that Samuel H. Turner Just: Peace

Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Registrar of Probate for the County of Plymouth, do hereby certify that Samuel A. Turner is a Justice of the Peace in & for said County & that the within signature purporting to be his is true & genuine.
In testimony whereof I have hereunto set my hand & seal of office this third day of April A.D. 1833
Jacob H. Lord
Benjamin Willis Deputy for John D. Slee

Samuel H. Turner Sequoia for John Otto -

I Samuel A Turner of Situate in the county of Plymouth and State of Massachusetts of lawful age do testify and say, that on the thirteenth day of June A.D. Eighteen hundred and thirty two, John Otis late of Situate in said county and State aforesaid deceased, called at my house and requested me to make out his papers and assist him in obtaining a pension under the act of congress passed June 7-A.D. 1832, and that said Otis stated to me the particulars of the two campaigns described in the declaration made by the administrator upon his estate. The deponent would further state that said he took the said Otis deposition at that time for Barnabas Wells who served the six months campaign at Situate & Marshfield, described in the declaration above mentioned, and further saith not.
Samuel A Turner.
Plymouth August 28 - 1832 Then the above named Samuel A Turner made oath that the above declaration by him subscribed is true. Before Probate Court the day & year aforesaid. Attest Jacob H. Lord Register.
I certify that I have known Hon. Samuel A. Turner the aforesaid Deponent for many years & that he is reputed to be a man of truth & veracity. J. H. Lord Reg. Prob.

Samuel H. Warren Esquire John C. C.
Plymouth Gp. In attestation of the within Certificate I have hereunto set my hand & seal of office this third day of July A.D. 1833
Jacob H. Lound Reg. of Probate

Department of War Pension Office June 12 th 1833
Sir:
The declaration of John Otis deceased is herewith returned - If the deceased has left a widow or children, they will be required to produce a certificate under the authority of a court that they are such, and stating at the same time the day of the applicants death, that the certificate of pension may be issued in favor of either the widow or the children -
I am very respectfully Yr. Obdt Servt. J. L. Edwards
L. H. Soud Esq. Plymouth Mass ts