Revolutionary War Pension and Bounty Land Warrant Application File S. 2885, for Nathan Muzzy, Massachusetts

SERVICE
NUMBER
Mass.
Muzzy, Nathan
S. 2885
CONTENTS
Carded

19882 Ohio Pittsburgh
Patthan Muzzey at Portage in the State of Ohio who was a private in the com commanded by Captain Prouty of the reg commanded by Col Whitney in the War of line for 13 mos & 19 days
Inscribed on the Roll of Ohio Pitt 2 at the rate of 45 Dollars 44 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Sept 8 1833 and J. Whitney
John Whittelsey Receiver Arrears to the 4th of Sept 8 113.60 Semi-ant. allowance ending March 22 72
$136.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam l Bay, S Clerk Book 6 Vol. 7 Page 119

Declaration
In order to obtain the benefit of the Act of Congress, passed June 7. 1832 - The State of Ohio
Portage County ss On this Twentieth day of May eighteen hundred and thirty three personally appeared in open court before the Court of Common Pleas now sitting Nathan Murry a resident of Palmyra Township in the county of Portage and State of Ohio aged seventy one 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 th 1832 -
That he entered the service of the United States under the following named Officers, and served as herein stated That on the first day of October 1777 he, as a Volunteer in Captain David Prouty's Company of Volunteers, marched from Spencer Township in the County of Worcester in the State of Massachusetts to join the main Army at Saratoga under the Command of Gates and Arnold, that he arrived there on the ninth of October and was engaged on the night following in the capturing of Burgoyne's provision boats, were captured and on the day following at the taking of Fort Edward that after the Capitulation of Genl. Burgoyne which took place on the 17 th of October he was discharged and returned to the town of Spencer having served in this expedition the term of twenty two days.
That in July or August 1778 he volunteered for three months, that he belonged to Colonel Joshua Whitney's Regiment and marched to Newport in Rhode Island to join the Army of Genl. John Sullivan, that he continued in the service until Col. Whitney's Regiment was discharged having served in this expedition the term of six weeks -
That in August or September 1779 he volunteered for the term of five months and was marched from Spencer Township aforesaid to Albany in the State of New York where he was stationed until discharged under what Officers he served during this campaign he cannot, from the loss of memory, now tell - that he served during this expedition the term of two months -

That in July, the day of the month he cannot recollect, at the Town of Spencer aforesaid, he volunteered for the term of six months and marched to Springfield in Massachusetts where he was placed under the command of Capt. Dix an Officer of the Regular Army, and conducted by him through Litchfield and Danbury in Connecticut to Fishkill, and from thence to Westpoint then to the Army at Peekskill and there were apportioned among the Companies to make their numbers complete. That he was only a few days in the Company to which he was first attached having exchanged his place with one Benjamin Season who had been selected by Baron Steuben to be one of a select Company of Infantry designed for the front of Genl. Washington's Army. That he, as Season's Substitute served in Capt. Holden's Company, in which Company there was a Lieutenant Holden. The names of the other Officers of the Company he cannot recollect from loss of memory. That the Company in which he served belonged to Colonel Shephard's Regiment under the command of Maj. Genl. Poor and after his death under the command of Genl. La Fayette who commanded until the campaign ended. That he served during this campaign as Season's substitute and as a volunteer previous to taking Season's place the term of four and a half months. Four months of which term he served in the Infantry selected by Baron Steuben as the substitute of Season whose name he thinks may be found on the Roll in the Department of War.
That in the forepart of the month of July 1781 he volunteered at the Township of Spencer aforesaid for the term of five months and marched to Rhode Island for a station guard to take care of the Fort and Magazines there and when he arrived he in company with eleven other men under the command of Corporal Thayer were sent to the Main land to guard a Fort and Magazine on the East River where he remained until discharged. That he served during this campaign the term of five months. That he knows of no living witness he can produce to bear testimony respecting his Revolutionary services.
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 the day and year aforesaid Geo. Kirkham Clerk
Nathan Muzzey
Where and in what year were you born?
Ans. I was born in the Town of Spencer in the County of Worcester in the State of Massachusetts in the year 1762 as the Town Records will show. Where were you living when called into the service?
Ans. At the Town of Spencer aforesaid.
Where have you lived since the Revolutionary War and where do you now reside or live?
Ans. After the War I entered Dartmouth College and graduated in the year 1786 I came to the State of Ohio forty one years ago in the midst of the Indian War, I was out with Genl. Waynes Army in 1794 when the Indians were subdued. I am now and have been for a number of years a Resident of Palmyra Township in the County of Portage and State of Ohio.
How were you called into service; were you drafted, did you volunteer, or were you a Substitute? And if a Substitute for whom?
Ans. I entered the service as a Volunteer and served as a Substitute for Benjamin Season in the Infantry formed by Baron Steuben as stated in my declaration.
State the names of some of the Regular Officers, who were with the troops when you served; such Continental and Militia Regiments as you can recollect and the general circumstances of your service.
Ans. This I cannot do more fully than I have done in my Declaration. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
Ans. I never received a written discharge but was always discharged by proclamation.
State the names of Persons to whom you are known in your present neighbourhood, and who can testify to your character for veracity and their belief of your services as a Soldier of the Revolution.
Ans. I am sure Mr. Kelvey a Minister of the Gospel in Palmyra Township and Truman Gilbert and Doctor E. Gilbert of the same place.

We James M c Kelvey a Clergyman residing in the Township of Palmyra in the County of Portage and State of Ohio and Truman Gilbert and Doctor E. Gilbert of the same place hereby Certify that we are well acquainted with Nathan Muzzey who has subscribed and sworn to the above declaration, that we believe him to be seventy and years of age; that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion and we believe him to be a man of truth and veracity. Sworn and subscribed the day James M c Kelvey Minister of the Gospel and year aforesaid Geo. Kirkum Clerk
Truman Gilbert Dr Ezra Gilbert
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 James M c Kelvey who has signed the preceding certificate is a Clergyman, resident in the Township of Palmyra in said County of Portage, that Truman Gilbert and Doctor Ezra Gilbert who have also signed the same are residents of the same Township of Palmyra, that they are credible persons and that their statement is entitled to credit —
I Geo. Kirkum Clerk of the Court of Common Pleas of Portage County in the State of Ohio do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nathan Muzzey for a Pension. —
In Testimony whereof I have hereunto set my hand and seal of Office this twenty seventh Day of May in the year of our Lord one thousand eight hundred and thirty three.
Geo. Kirkum Clerk —
Mauunna June 1 st 1833 I have been acquainted with Nathan Muzzey for more than twenty years, and his general reputation has been, and now is, that of strict truth and veracity.
Elisha Whittier —
Nathan Muzzey's Pension Papers

17,875
Nathan Muzzy
from 1777 private 13 months & 19 days.
$45. \frac{44}{100}
Return 5 6 11. 12 16
45 44 45 44 22 72 113 60
Rev. Whittier Ravenna Ohio

17,875-
BRIEF in the case of Pntage
Nathan Muzzy in the State of Ohio (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? no  3. How old is he? 70  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     '77 July 22 private Gen. Capt. Prouty  Gen. Sal. V. Arnold   78 July or Augt. 3 XX " Col. Whitney  Gen. Sullivan   79 Augt or Sept 5 XX " I don't name his officers   80 July the end of Company 6 XX " Capt. Holden  Col. Shepard  Major Poore  Col. Lafayette   81 July 5 XX " Colonel Thayer  employed in guarding fort & magazine on Rhode Island  
 5. In what battles was he engaged? Fort Edward - Capitulation of Burgoyne  6. Where did he reside when he entered the service? Spencer, Worcester Co. Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Papers not properly authenticated
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton Examining Clerk. 20 Feb. 1833.
*he does not say he served these terms out.

Rev War
2885
INVALID.
File No. 2885-
Nathan Muzzey Brist Rev War
Act: June 7 th 1832
Index:—Vol. 4 , Page 265
[Arrangement of 1870.]

17,875
Nathan Muzzey
John Whittier, Kareena Ohio

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Nathan Muzzy 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?
No
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?
Yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
No
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 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.

Circleville Ohio June 1 st 1833
Sir
I return the papers of Nathan Muzzey amended as the Objection - described
I am my Respectfully yours Okl Let
Hon J G Edwards Washington City
John Whittelsey