Revolutionary War Pension and Bounty Land Warrant Application File S. 30028, for Azor Phelps, Massachusetts

SERVICE
Phelps, Azor
NUMBER
Mass.
S. 30028.
CONTENTS

10.597 Massachusetts
Agar Phelps
of Methuen in the State of Mass who was a Private in the Worpsey company, commanded by Captain Allen of the Regt commanded by Col. Kennel in the Mass army for 6 months  Private
Me.
72 March
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 day of April 1833 and sent to John J. Adams  Methuen  Mass
Arrears to the 4th of March 1833 $ 40.00 Semi-ant. allowance ending 4 Sept " 10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Addison Clerk, Book 2 Vol. 2 Page 63

18/30
Isaac Phelps
Map
up Pn at
6 Mo
Hn I Davis
Wnech
Map

BRIEF in the case of  Agar Phelps  of Worcester in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served.   Years, Months, Days. Gen.     July In 1798 volunteer 3 private Gen. Durbanh   July 1780 " 3 " Gen. Milton Col. Kennels  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Sutton  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor Examining Clerk.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this Third day of October in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathaniel Paine Judge of Probate now sitting Asa Phelps a resident of Shrewsbury in the County of Worcester and Commonwealth of Massachusetts, aged Seventy 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated. That about the first of January A D 1778 - he entered as a volunteer in the Massachusetts Militia then in the service of the United States for the term of three months in a Company commanded by Capt. Burbanks - Elias Pratt and James Prentiss were the 1st & 2nd Lieut. he went directly to Providence State of Rod Island from thence to South Kingston, in the same State, where he remained until his term of three months had expired, which was the fore part of April following and then was verbally discharged - for evidence of this service see Deposition marked A. Also that in July A D 1780 he volunteered as a soldier in the army of the United States for the term of three months in a Company of Militia from Sutton in the County of Worcester, to West Point, in the state of New York, in Capt. Atkins Company and Col. Huns Regiment of Infantry - he marched directly to Gloverick from thence to Fishkill where he joined his Regiment, from thence to West Point, staid a few days, then was detached and went back to Fishkill & there continued until his term of service had expired, then was verbally discharged - for evidence of this service see Deposition marked B. That he was born in Sutton from whence he did the above service - and resided there he was upwards of fifty years of age - from thence he came to reside in Shrewsbury.
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 day and year aforesaid. Before NATHAN Paine Judge of Probate for the County of Worcester  Asa Phelps

We George Allen a Clergyman residing in the said Shrewsbury and residing in said Shrewsbury hereby certify that we are well acquainted with Asa Phelps who has subscribed and sworn to the above declaration, that we believe him to be seventy years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Moses Nathan Judge of Probate for the County of Worcester
G. O. Allen Guthrie House
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that George Allen who signed the preceding certificate, is a clergyman, resident in the said Shrewsbury and that Asa Phelps who has also signed the same is a resident in the said Shrewsbury and is a credible person, and that their statement is entitled to credit.
Moses Nathan Judge of Probate for the County of Worcester
I Theophilus Wheeler Reg d , Clerk of the Court of the County of Worcester do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Asa Phelps for a pension. That Nathan Hovey & Daniel Tenny before whom the annexed affidavits were made, are Justices of the Peace in & for the County of Worcester in good credit & that they signed the same. IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the seal of said Probate Court this Third day of October in the year of our Lord eighteen hundred and thirty two .
Theophilus Wheeler Reg d of the Court of Probate for the County of Worcester in Massachusetts
Capt. Asa Phelps Declaration 18730

30028 INVALID.
Rev
File No. 30,028
Azor Phelps
Rev Mr
Act: June 7 th 89 th
Index:—Vol. 2 , Page 391
[Arrangement of 1870.]

1 December 1832
Commonwealth of Massachusetts
I Stephen Marsh of Sutton in the County of Worcester & Commonwealth of Massachusetts, being one year of age do testify and say that I entered in to the service of the United States, in the Revolutionary war, about the first of January 1778 for three months to the State of Rhode Island, with Major Phelps in a Company of Militia commanded by Capt. Burbank - this Batt n & James Prentiss was our 1 st Lieut t in Col l Groot's Regiment we marched direct to Providence from thence to South Kingston in said R.I. where I served with the said Major in solution the term of three months & until we were regularly discharged from said service, which was about the first April following at which time I was then an inhabitant of Sutton, now of Shrewsbury in said County of Worcester.
Stephen Marsh
December 1832 September 21 st 1832 then personally appeared the above named Stephen Marsh and made solemn oath to the truth of the above declaration by him made & subscribed. I also made state that the above named Stephen Marsh is a good & sufficient witness in any matter. Before me Dan l Farnsey Justice of peace

B Worcester ss
Commonwealth of Massachusetts
I Oliver Fisk, of Worcester in the County of Worcester, & Commonwealth of Massachusetts sixty nine years of age, do testify and say, that in the year one thousand eight hundred & thirty, I volunteered in a Company of Militia, sometime in the month of July, for three months to West Point in the state of New York in Capt. Timothy Paige's Company, in Col. Hand's Regiment. After arriving at West Point, in a few days I was detached as one of company with Azor Phelps of the same Regiment with me, to return to Fishkill, where I became acquainted with the said Azor, and where the said Azor served with me as a soldier the three months out, which ended sometime in the month of October following, when we were verbally discharged from said service. the names of our detached officers I cannot recollect. Azor Phelps was then from Sutton, he now resides in Shrewsbury, both towns are in the County of Worcester.
Oliver Fiske
Worcester ss September 26 th 1832 Then personally appeared the above named Oliver Fisk, and made solemn oath to the truth of the above statement, by him made & subscribed, I would further state that the above named Oliver Fisk, is a good and sufficient witness in any matter and of an unspotted character - Before me Gathorne Howe justice of peace

18730 Agon Phelps

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Agar Phelps which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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? yy 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'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? yy Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yy 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? yy XVI. Are the papers authenticated as the regulations direct? yy XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy
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.