Revolutionary War Pension and Bounty Land Warrant Application File S. 21408, for Richard Pain, New Hampshire

SERVICE
NUMBER
N.H.
Pain, Richard
S. 21408
carded
CONTENTS

Vermont
11.654
Richard Pain
of Brattleboro in the State of Vermont who was a Private in the Company commanded by Captain Hall of the Rifles commanded by John Wyman in the Regiment commanded by Colonel Shaps
9 Mo 28 Ds Private - $30.07
Inscribed on the Roll of Vermont at the rate of 30 Dollars 07 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3rd day of June 1833 and sent to S. Hunt. Shelburne, Vt
Arrears to the 4th of March 1833. - 60.14 Semi-annual allowance ending 4 Sept - 15.03
$75.17
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J. P. Sprague Clerk, Book E - Vol. 3 - Page 83

Richard Paine
Declaration & certificate
19096
A sum to be made to Elinor Paine of Hartford Conn. County Vermont
Richard Paine

State of Vermont } On this 31 st day of August AD 1882 Probate District of Bradford } personally appeared in open court before in the County of Orange } the Probate Court within for the District of Bradford in the County of Orange now sitting at Bradford Paine of Washington in the County of Orange State of Vermont aged 78 years last March who being first duly sworn accord- ing 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 entitled the services of the United States under the following named officers & served as herein stated. VIZ. That in the year 1775 the Militia in the East part of New Hampshire had been called out to go to Fort Port- smouth, that this applicant, who then resided in the County of Rockingham State of New Hampshire, went to Portsmouth to visit his brother who was then in the Militia there & that his brother induced him to join the service which he did & volunteered & joined Capt Nathaniel Hall's Company & served one fortnight was then discharged returned home. The troops were employed in constructing a Fort on a small Island in Little Bay Portsmouth which he was there during his stay and that he did not learn the names of any officers except the Captain. I can tell no further particulars respecting this time of duty. He performed the service in October of the year 1775 as he well recollects the forage were looking corn when he left home. He further declares that late in the fall after he returned from Port- mouth, he thinks late in November he enlisted into a Capt. Hays Bacon's Company of Bandits New Hampshire for the term of three months he thinks the last name was Capt. single that one of the applicants was a sergeant in the company named John Paine that he recruited

to Cambridge in Mass after Charlestown when he was stationed there and out his three months enlistment was employed in keeping guard & doing the same work duties of a soldier. The British Army was at this time in possession of Boston. After the expiration of the three months for which he enlisted, he engaged to serve two weeks longer at the particular request of Genl. Sullivan, who said the time of the nine months was near about out & more men were very much wanted, that the whole company to which the applicant belonged volunteered to stay two weeks after their time was out. Making three months two half which the applicant served at this time. He does not recollect the name of the Col to which he belonged, nor can he tell any more particulars about the train except that he saw Genl. Washington at this time. Genl. William Howe was in command. He thinks it was the best of the as first of March 1876 when he returned home.
That about the last of June 1776 at New Chester, he enlisted for six months in Capt Joseph Dyer's company of Artillery. Worthy to Wethersfield were the headquarters. Oberkirk Moore was the intgn William Litch - Litch was the orderly sergeant & the company was attached to Col. Myles's regiment of Line Infantry. This Capt. Dyer's militia he is not certain whether that he marched through Charleston, then called New Jersey, to Mt. Independence in Lake Champlain, & was stationed there the whole six months of his enlistment, being employed in building the Forts on Mt. Independence, & was as fatigued as keeping guard. There were several regiments at Ticonderoga & Mt. Independence at this time. He recollects the names of Col. Scilly, Col. Dyer, & Col. Poor. Genl. Gates was the Commander of this division. He heard out the full pay of his enlistment being assigned at Mt. Independence about the last of December of the same year.

He states that he belonged to the New Hampshire Militia or State Troops as he understood the whole time & served at least two months during the revolutionary war as a private. That he never had any written discharges & has no documentary evidence of his service. That after the close of the war he moved from Chester to Centre Harbor & called in New Hampshire, where he lived nine years & from thence to Washington where he has resided since & does still reside. That he was born at Rye near Portsmouth New Hampshire & thinks there is a record of his age in that place. He entered the army as above stated & cannot be more particular in naming officers or stating circumstances than he has done above.
He hereby relinquishes every claim to any pension or annuity except the present & declares that his name is not on the pension roll of any agency of any State.
Richard Dain
Sworn to & subscribed this day to
your affiant
And the Court of orphans do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier & served as he states.
I Simon Root Clerk of the said Court of Probate do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Richard Dain for a Pension. In testimony whereof I have hereunto set my hand & affixed the seal of said Court this 31st day of August A.D. 1832
- Simon Root Clerk

19.096 Bichu Pain orange 6° Vermont
Wm C
Yrs 28° $30.07
S. Short Esq. Hartford Vt

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 subjunctive 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 Richard Paine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Octob r 1775 14 Private Capt Hall Petersburg 75 years By the opinion of the Court   Nov d 1775 3 Capt Baker Cambridge Cheshire   June 1776 6 14 " at the request of Capt Sullivan Capt Deuborn Capt Wymann Monmouth N Hampshire  
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) 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 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 he 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.

Rev. & 1812 Wars Section
April 1, 1924
Mrs. F. C. Corry Montpelier Vermont
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S.21408, it appears that Richard Pain was born in March 1757 at Rye, New Hampshire.
While a resident of Chester, Rockingham County, New Hampshire, he enlisted in October 1775, and served two weeks as private in Captain Nathaniel Hall's New Hampshire Company.
He enlisted in November 1775 and served three and one half months in Captain Moses Baker's New Hampshire Company.
He enlisted in June 1776 and served six months in Captain Joseph Dearborn's Company, Colonel Wyman's New Hampshire Regiment.
He was allowed pension on his application executed August 31, 1832, while residing in Washington, Orange County, Vermont.
There is no family data on file.
Respectfully,
Commissioner

Revolution
21 408 INVALID.
File No. 21 408
Richard Pain
Br Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 812
[Arrangement of 1870.]
1907 July 24. Hist. to Mrs. W. G. Cowan/c 1915 Dec. 8. " " Fredk. W. Payne p. 1924 Apr. 1 Hist. to Mrs. F. C. Cory, Mes.

Rev. War. B Hartford Conn., — Nov r 30. th 1915. —
Gentlemen: — In the Vermont Historical Gazetteer Vol IV —
I see that from census of U. S. Pensioners — Richard Paine — living in Montpelier Vt. was a pensioner June 1 st 1840 for Revolutionary or Military services. — He was then 83 years and probably a Revolutionary soldier. He was my Great Grand-father. —
Will you therefore please send me the usual Transcript from your records, showing Date enlistment — Length of service — Rank — Battles engaged in &c &c — and especially year as well as place of Birth. — If there are any other facts on his papers relating to family history I will be grateful for them also. — If you don't find him under Paine please look up Pain — Payn — Payne. —
If you can give me names of his parents — his wife or widow — please do so. —
It may be of interest to you to know that my maternal Great Grand-father was Serg t Amos Weller of Rutland who went into old Fort Ti. under command of Col. Ethan Allen one June morning. — I have Transcript of his services kindly furnished some years ago. —
To the Hon. Com r of Pensions.
Very truly &c.
Fred W Payne P. O. Box No 93, Hartford, Conn.

Minneapolis Minn. July 15/07
Com. Pension department
Dear Sir:
I wish to find out if I am eligible to join the society of The Daughters of the Revolution. Could you kindly inform me if there is a record of one Richard Payne of Berlin Vermont who died in April 1847 at the age of 90 years. He was a soldier in the American Revolution and for service rendered his country he received

was for a number of years an annual pension Any information will be gratefully received
Yours Truly Mrs. W. G. Cowan R. F. D. Route 7 Mankato Minnesota.

FRANK C. CORRY MONTPELIER, VERMONT
Feb. 29, 1924.
The Pension Bureau, Washington, D. C.
Gentlemen:
Will you kindly send me as complete a record as possible for D. A. R. purposes, your findings of the services of Richard Paine, whose residence at the time of enlistment at the time of the Revolutionary War was Chester, Rockingham County, New Hampshire and who made application for pension on Aug. 31st, 1832. Residence at time of application was Washington, Orange County, Vermont.
Your kind attention to this matter will greatly oblige
Yours very truly,
Frank C. Corry

In reply to your request of _____, received _____ for a statement of the military history of Richard Pain a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. S. File 21,408
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Oct. 75 7 mos. Pri. Nathaniel Hall ✓ N.H.   Nov. 75 3 1/2 mos. Moses Baker ✓   June 76 6 mos. Joseph Dearborn Nyman        
His uncle John Pain was left. in Capt. Moses Baker's co -
Battles engaged in, _____
Residence of soldier at enlistment, Chester Rockingham Co., N.H.
Date of application for pension, Aug. 31. 1832. His claim was allowed.
Residence at date of application, Washington, Orange Co., Vt.
Age at date of application, born mch 1757 Rye N.H.
Remarks: Date of death not shown - No reference to parents, wife or ch.