Revolutionary War Pension and Bounty Land Warrant Application File S. 18,159, for John Phillips, Massachusetts

SERVICE
NUMBER
Mass.
Phillips John
S 18159
Carded.
CONTENTS

10435 New Hampshire
John Phillips
of Chester in the State of N.H. who was a Musician in the company commanded by Captain _____ of the N.H. commanded by Col Ward in the Mass. time for 10 May 25 days Musician 1 " 6 " " Pirate
Inscribed on the Roll of N.H. at the rate of 43 Dollars 70 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of Apr 1833 and sent S.S. Head Chester N.H.
Arrears to the 4th of Mar 1833 $87.40 Semi-ant. allowance ending 4 Sept. 21.85 $109.25
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J.H. Blair Clerk, Book 2 - Vol. 1 st Page 110.

7080
Mrs Phillips
Muscian 10 Mo 21 day
Penah 1 do 6
W. B. E
16 Oct
Dec 20 1832
Attn 843 71
L. G. Mead Chesterfield N.H.

BRIEF in the case of  John Phillips Chesterfield  County of Cheshire  in the State of  New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 25  3. How old is he? 75  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.     In 1775 14 Private Gen. Capt. Fay. Col Ward   Jan'y '76 1 5 Private Capt. Foster .. Ward   2 Private Capt. Newton   Dec '76 3 Private Capt. Bellows. Col. Sparhawk   June '77 1 6 Private No officer mentioned   Sep '77 3 Private Capt. Ingoldsby Col. Rand   '78 1 6 Substituted Capt. Lyons.  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Southboro Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  one living witness & Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect?  Right 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Easton Examining Clerk.

7080. John Phillips
Declaration -
Chesterfield Cheshire Co, N.H.

State of New Hampshire
Cheshire - On this 10 th day of August A.D. 1832 personally appeared in open Court, before the Judge of the Court of Probate, now sitting in Keene in & for said County. John Phillips residing at Cheshire in said County of Cheshire aged 75 years - who being first duly sworn according to law doth make the following declarations, in order to obtain the benefit of the act of Congress passed June 7. 1832.
At the commencement of the American Revolution I resided with my father at Southboro' Massachusetts - I belonged to the Minute-men & immediately on hearing the news of Lexington Battle I marched under the command of Capt. Josiah Fay as to Southboro' to join the American Army at Cambridge - I staid in the Army at this time, one fortnight when being taken sick I returned to Southboro' - I belonged to Col. Jonathan Ward's Regiment In January 1776 - whilst the British were in Boston I was again called out, under Capt. Gage, of Marlboro' and was attached to Ward's Regiment - at this time I was stationed at Dorchester and served 5 weeks - Soon after the Militia were again called out to go to Roxbury - I then went into the service under Capt. Seth Newton of Southboro' - and in Col. Whitney's Regiment. At this time I served three months In December 1776. I enlisted under Capt. Elisha Bellows of Southboro', and immediately marched with the rest of the Company and joined the American Army at New York - at this time I was attached to Col. Stark's Regiment - Grafton of Peterborough Mass. was my Lieut. Colonel - I then marched through New Jersey to Bound Brook - at this time I served three months - and then returned to Southboro'

In June 1777. a Guard of 12. Soldiers was raised to go to Sherburn Mass. to guard Continental Stores - I was one of this Guard - and staid at Sherburn in the service six weeks -
In September 1777. I enlisted with my Brother Nathaniel for the term of 3 months, under Capt. Ingoldsby of Shrewsbury, Mass. in the Regiment commanded by Col. Rand - we immediately marched to Hillcrest where I arrived before the taking of Bennington - I then served out the 3 months for which I enlisted & returned to Southboro -
In 1778. when the British came out of burned Warren Meetinghouse in Rhode Island - a company of Militia was raised in & near Southboro to go to Warren & drive the British back - I went as a soldier in this Company, in the room of my father who was drafted, under Capt. Lyons of Grafton, Mass. - and served at the time six weeks -
During these several campaigns (except the time to Warren) I served as a Musician - I have no documentary evidence of my service - never having received any written discharges -
I a freely acknowledge my claim whatever to a Pension or Annuity except the present & declares that his name is not on the Pension Roll of the Army for any State - I was born in Southboro Ma A.D. 1757 - I have no record of my age - Since the War I have lived in Charlton, Mass. where I now reside - I enlisted as a Minute man - & volunteered afterwards - Col. M c Clusky's Regt. I served first - Genl. Washington was our head man at Cambridge - Rev. Elish Smith & Col. G r ead. Esq. Know me - will I can certify for me - Sworn to and subscribed the day and year aforesaid before me Aaron Watson Judge of Probate John Phillips

We Elisha Smith & Clergyman are residing in Chesterfield aforesaid & Larkin E. Mead of said Chesterfield -
Hereby certify that we are well acquainted with John Phillips who has subscribed a sworn to the foregoing Declaration, that we believe him to be 70 years of age, that he is reputed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in this opinion.
Elisha Smith
Larkin E. Mead
Sworn to & subscribed the day & year above - before me Aaron Watson Judge of Probate
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 Elisha Smith who has signed the preceding certificate is a Clergyman resident in the Town of Chesterfield aforesaid and that Larkin E. Mead who has also signed the same is a resident in the Town of Chesterfield aforesaid and is a credible person and that their statement is entitled to credit.
Aaron Watson Judge of Probate
I the undersigned Register of the Court of Probate for the said County of Cheshire, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Phillips for a pension -
In testimony whereof, I have hereunto set my hand and seal of office, this tenth day of August A.D. 1832 -
Aaron Watson Register of the Court of Probate

Nathl. Phillips, Affidavit. for John Phillips

1 Nathaniel Phillips of Fitzwilliam in the County of Cheshire & State of New Hampshire, aged 73 years, on oath say that at the commencement of the Revolutionary War I lived with my father, at Southboro' in Massachusetts - Immediately on the news of the Battle of Lexington reaching Southboro', my Brother John Phillips then living with my father, and belonging to the Militia - men - marched, under Capt. Josiah Fay of Southboro' to join the American troops at Cambridge - John went to Cambridge, where he staid about a fortnight, when he was taken sick & returned to Southboro' - In January 1776, whilst the British lay in Boston the Militia then called out, to keep the British in the town - My Brother John then marched to Dorchester, where he served 5 week & then returned to Southboro' - - soon after, the Militia were called to go to Dorchester again on a tour of 2 months - my Brother John turned out again and served 2 months more, under Capt. Seth Newton - In June 1777. There was a Guard of 12. Soldiers raised in & about Southboro', to go to Sherburne & guard Continental stores, at that place, John Phillips was one of that Guard and staid at Sherburne six weeks - In December 1776. my said Brother John Phillips enlisted under Capt. Elijah Bellows of Southboro', in the Mass. Militia, for 3 months, - immediately marched from Southboro', to New York, thence through the Jerseys to Boord Brook, Pennsylvania - He was absent in the Army 3 months - and then returned to Southboro'. In September A.D. 1777. my said Brother & myself enlisted into the American Army - Mass. Militia, under Capt. Ebenezer Ingalls of Sherburne, Mass. in the Reg. Com. commanded by Col. Rand, for the term of 3 months - we immediately marched for Stillwater, where we arrived before the last Battle with Burgoyne and were there at the time of his surrender - we served out the term of our enlistment and then returned together to Southboro' -

In 1778. When the British came out and burned Warren Meetinghouse, in Rhode Island. a company of Militia was raised in area south of to drive the British back of friend Warren - My Brother John Phillips joined the company in the place of Father, who was drafted, in an leap! Sons of Grafton, Mass. - John the mother with his company to Warren and served there six weeks - when he returned home
Brathaniel Phillips
Charlton J. July 10. 1832.
Sworn to before me Larkin G. Mead. Just. Peace
Charlton J. Dec. 28. 1832 - I hereby certify that Brathaniel Phillips sign of the foregoing affidavit is a true copy L. G. Mead Just. Peace
Charlton J. Aug. 9. 1832
I Salme Hale, clerk of the Judicial Courts in said County certify that Larkin G. Mead is a Justice of the Peace in and for said County, & that the foregoing official certificate is in his own hand writing - In testimony whereof I hereunto affix the seal of our Superior Court of Judicature - S. Hale, Clk

State of New Hampshire
Cheshire ss.
I Sabin G. Mead, residing in Cheshire in said county, Notary Public hereby certify, that I am acquainted with Nathaniel Phillips who signed & sworn to the foregoing affidavit in my presence that he is a credible witness to whose testimony full faith & credit is due.
In witness whereof I have hereunto affixed my Notarial Seal this 28 th day of Decr. 1832 -
Sabin G. Mead. Not. Pub.

7080 Mrs Phillips
L. G. Meads Chesterfield N.H.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Phillips which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
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?
Yes
XVI. ‡ Are the papers authenticated as the regulations direct?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes
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 the 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.
*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 authenticated 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 end 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.
I have certified as Not. Public & as Justice

18159 INVALID.
File No. 18159
John Phillips
Musician Rev War
Act: June 7 th 32
Index:—Vol. / , Page 444
[Arrangement of 1870.]
March 11-1903 How to get date of last payment B. A. Leonard - De Rue mis