Revolutionary War Pension and Bounty Land Warrant Application File R 21788, for David Percy, Massachusetts

SERVICE
NUMBER
Mass.
Percy, David Percy or
R 21788
CONTENTS

28.111 Application of 244 David Percy
Lat Nath. Grolm Balt Me

STATE OF MAINE.
COUNTY OF LINCOLN SS.
At a Court of Common Pleas held at Topsham in said County on the 28th day of August A. D. eighteen hundred and thirty two , personally appeared in open Court, before John Ruggles ,
Ezekiel Whitman Esq. one of the Judges thereof, Chief Justice thereof Daniel Derry a resident of Topsburgh in the County of Lincoln and State of Maine, aged seventy two years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed June 7, 1832. That he entered the service of the United States as a volunteer in the Militia , & served as a soldier in a company of Militia, of which James McCobb Jr was captain and William Sprague first lieutenant, the company was part of Genl. McCobb's regiment in the County of Lincoln - This applicant was in actual service, in the year 1778, during the months of May, June, July, August, September & October, at Coy's Head & Hennenwell's point on the Kennebec river, under Lieut. William Sprague , James McCobb the Captain being absent, his service consisted in guard & garrison duty all that time making six months of actual service in the year 1778 . In the year 1779 & the same that the Bagaduce expedition was undertaken, this applicant was called into actual service by Capt Jordan Parker who commanded a company of Matrosses & served under him during the months of June, July, August, & September of that year making a term of actual service of four months that year . This service was performed on the Kennebec river at Coy's head where there was a fort & at Hennenwell's point where there was another fort or battery - Making in all a service of ten months those two years . This applicant was born in Georgetown State of Maine , on the 1st of July 1761 - Has a record of his age in the town book. - He lived in Georgetown when called into service, and has lived in that part of Georgetown now called Topsburgh ever since & now lives there. He volunteered in all the service, was never a substitute, He never had a written discharge. He is known in his neighborhood to William Coffin of Topsburgh & David Linnont of Beth , who can testify to his services as a soldier, and to Parlee McCobb & Joseph Sewall Esquires , who can testify to his character. There being no clergyman in his neighborhood he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Daniel Derry
Sworn to and subscribed, the day and year aforesaid. Before
Ezekiel Whitman
Judge of the Court of Common Pleas for the State of Maine.

We Parker W Cobb of Phipsbury and Joseph Sewall of Butte, Magistrates within the County of Lincoln hereby certify, that we are well acquainted with David Perry of Phipsbury, who has subscribed and sworn to the above declaration: that we believe him to be seventy two years of age; that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.
Parker W Cobb Joseph Sewall
Sworn to subscribed the day & year aforesaid
Ebenezer Whitman
And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives 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 that Parker W Cobb & Joseph Sewall who signed the proceeding certificate are Magistrates a credible persons, & that their statement is entitled to credit E. Whitman I, Nathl Coffin Clerk of the Courts of Record and Court of Common Pleas Atty Nathl Coffin Clk for Lincoln County, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of David Perry for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this fourth day of October A. D. one thousand eight hundred and thirty-three
Nathl Coffin
Clerk of the Courts of all the Judicial Record and Court of Courts Common Pleas in Lincoln County.

28,111
David Perry
Col McRobb M c (of me)
April 11 th 1836
Ref d (with Rev.) to the Com ee on Rev d Pensions
April 10 1836
Com ee "disch d " to him
11.55] 29.38]
Ans d Hon. Mr. Kav: enough, aft 25 th 1834
Hall of the
State of Ohio
24 Balth M c

WAR DEPARTMENT,
Pension Office,
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 subjoined 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 David Perry
   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.     1778 — 6 0 Private Saml. M c Cl o Col. — Wm. Sprague Lieut. — James M c Cl o Company 72 years Traditionary evidence 2 living witnesses William Coffea & David Lemont who both testify to his service —   1779 — 4 — — Capt. Jordan Parker —   10 mo.  
I am, respectfully,
Your obedient servant,
JAMES 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 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
not to be for 1799 - is not to be - as informed Passes - as informed 2 living witnesses - both credible not to be - form
Best evidence from order in office of Secy of War at Boston - Lieut Sprague made no return -

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 inquiry 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Does David Perry's case come up to the printed regulations?
Ans - 1. - He states he was born, in Georgetown State of Maine July 1. 1761 - record of his
2 a . Has a record of his age in the town book
3 a . He lived in Georgetown when called into service. lived since & now in that part of Georgetown called Phippsburg, -
4 th . Was always a volunteer never a substitute
5 th . Sam d . McEobb Col n James McEobb Jr. Captain - Lieut Wm Sprague actual commander of company 1778 1779. Same regiment 4 th  me under Col t Jordan Parker -
6. Never rec d any written discharge - always dismissed -
7. He is known to Parker McEobb Esq s & Joseph Sewall Esq s also to William Coffin & David Lemont
He appears in a Court of record & makes his declaration in his own County Court - his age 72 yrs he mentions the period of the war he served & proves them. He relinquishes all other claims to a pension - the Court give their opinion - The Clerk affixes his seal to each paper - with a device

(3-223.)
Rev
No. 21.788
_____, Ex'r.
REJECTED
OLD WAR INVALID.
David Perry of Maine P.O. Fitch Colo Mc Cobb Msp Troop
Service: Rev
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____

I William Coffin of Phippsburg in the State of Maine - aged seventy years, on oath declare that I am well acquainted with David Perry of Phippsburg, he is about seventy two years of age. In the year 1778 David Perry was a soldier in a company of Militia under the actual command of Lieutenant William Shrague, who was in actual service from early in May to November 1778. This company was in actual service all that time. And I saw said Perry almost every day as a soldier - In the year 1779. I again knew the said Perry as a soldier he served this year under Capt Jordan Parker at Coot's head or Hannawall's point, where there were forts, and where the troops made their principal stations on Kennebec river, his
State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Nathan Groton Esq. whose name is now affixed to the annexed paper, as a JUSTICE OF THE PEACE is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this thirty first day of August A. D. 1832
Nath. Coffin CLERK.
to, and made oath that the same was true, I further certify that said Coffin is a man of truth & competency & entitled to credit on oath.
Attest Nathan Groton Justice of the Peace.

I William Coffee of Phippsburg in the State of Maine - aged seventy years, on oath declare that I am well acquainted with David Pery of Phippsburg. He is about seventy two years of age. In the year 1778 David Pery was a soldier in a company of Militia under the actual command of Lieutenant William Shrague, who was in actual service from early in May to November 1778. This company was in actual service all that time. And I saw said Pery almost every day as a soldier - In the year 1779. I again knew the said Pery as a soldier he served this year under Capt Jordan Parker at Coy's head & Hennecutt's point, where there were forts, and where the troops made their principal stations on Kennebec river, his time of service this year was six months. I have known this David Pery ever since William Coffee
State of Maine.
Lincoln August 28. th 1833 This day personally appeared William Coffee above named & denied the above affidavit to be reduced to writing and the same was read to him and he subscribed his name thereto, and made oath that the same was true. I further certify that said Coffee is a man of truth & veracity entitled to credit on oath.
Attest Nathan Grootow Justice of the Peace.

I David Lemont of Bath, in the State of Maine, aged Seventy four years in February next - on oath declare that I well knew David Perry of Phipsbury for formerly Georgetown - and have known him since the year eighteen hundred & twenty six - in the year 1778, I knew said Perry to be a soldier under Lieutenant William Sprague at Cogs head & Hunnecalls point on Kennebec river - I do not know how long he served but believe the whole of the season. In the year 1779 I was a soldier under Capt Benjamin Lemont, my brother at Cogs Head, the said David Perry was a soldier that year, under Capt Jordan Parker and served at Cogs head & Hunnecalls point - that season. How long he served that year I do not remember, but recollect he was a soldier under Capt Parker some months.
David Lemont
State of Maine
Sayre 13 - August 28, 1833. Personally appeared David Lemont above named and declared the same to be referred to writing and having read & subscribed the same made oath that the same was true. I further certify that said David Lemont, is a man of truth & veracity, so respected, and entitled to credit on oath.
Attest, Nathl. Grooton Justice of the Peace.