Revolutionary War Pension and Bounty Land Warrant Application File R. 8,153, for Samuel Pettengill, Massachusetts

SERVICE
NUMBER
Mass.
Pettengill, Samuel
R 8,153
CONTENTS

25,729
Samuel Tittinghoff Fort Ann N.Y. Colo Woodbridge Massborough
H. O. Russell H.R.

Washington City } ss. Josiah Morse of the Town of (District of Columbia) }
Mlyna in the County of Chautauqua and State of New York being duly sworn in addition to the annexed affidavit made by him on the 30th day of August 1833. before John Mofs. a Judge of Wash ington County Court in this matter saith that said Samuel Pittingill in said affidavit mentioned entered the service for the first time to this de- ponent's knowledge in the summer of the year 1777. in June as this deponent thinks, that he was absent during the winter of the summer and in the service as a soldier that this de- ponent resided on the farm adjoining the one owned by the said Samuel Pittingill and knows that he was in the service and absent from his farm that summer, and this deponent believes and has no doubt that said Samuel Pittingill was so engaged in said service during said year, five months at least and this deponent is strongly impressed with the opinion that his term of service was six months but of this he is not certain etc.
And this deponent further saith that he this deponent continued to reside on said farm during the year 1778. as did also the said Samuel Pittingill on his part when in the service and this deponent knows that said Samuel Pittingill

Pittsfield volunteered as a soldier during the year last aforesaid and as this deponent thinks in the month of August for two or three months this deponent was present when he was enrolled at the Town of Worthington in said State of Mass- achusetts and saw him march off with the Company and this deponent knows he was about the Union of the Sumner and at least two or three months and this deponent saith that said Samuel Pittsfield is a man of good moral character and his declarations entitled to full confidence and justice this deponent saith not - Josiah Morse
Sworn before me this 3 19 th day of April 1836
J. W. C. H. J. M. (the place)
I am acquainted with Josiah Morse the above deponent, and have known him several years. He is considered respectable and his veracity unquestionable. — Abner Hazeltine

State of New York } Washington County }
On this 28 th day of May A D 1833
personally appeared in Open Court before us the Judges of the Court of Washington County Common Pleas now Sitting Samuel Pittingill a resident of the town of Fort Tress in the County of Washington and State of New York aged Seventy nine years on the twelfth day of July last past who being first duly sworn according to Law cloth 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 while he resided in the town of Hetherington County of Berkshire and State of Massachusetts and in the Month of July A.D. 1777 he volunteered into the Massachusetts State Troops or Militia under the requisition of Government for five Months and entered the Service under the command of Capt. Joseph Warner Lieut. Almon Dwyer Ensign Lemuel Lison and he was marched from Hetherington through the towns of Windsor - New Providence - Williamstown - Pownall to the town of Hoosick where he encamped for one week from there he was marched to the town of Bennington State of Vermont from there to the town of Talcott where he joined Col. Woodbridge's Regiment Whitney was his Major and remained a short time and was detached and sent out in a scouting party to White Hall then Skeneborough under the command of his Lieut. Almon Dwyer where he was stationed as a Guard for two weeks and he was marched back to Talcott and joined his Company and Regiment and was immediately marched to Stillwater and he was stationed South of Bemis Heights as usual troops until after the Second Battle with Burgoyne (the first having been had before they arrived) when he was marched after Burgoyne's retreat to Saratoga where he surrendered on the 17 th day of October after which he was marched South down the Hudson river to New Windsor where he entered on board of a Sloop and sailed down the river to Tarrytown and there was landed and was marched to the White Plains where he was stationed a short time from there he was marched to New Rochelle and encamped where he remained until in the Month of December when his time expired and he was discharged by parole - and further saith he served and

did his duty as a Private Soldier five months for which he claims 5 Mo. his Pension
That he remembers of seeing Gen Gates and several other Gen Officers but he cannot recollect their names also he saw several other Regiments both of Continental and Militia but the commanding Officers none although once familiar he does not remember from old age loss of memory and length of time
This declarant further saith that while he lived in the town of Witherington aforesaid and in the month of August A. D. 1778 he Volunteered into the Massachusetts State Troops for two months and entered the Service under the command of Capt Denson and Lieut Stoughton & Ensign Wells that he was marched from Witherington through Wincos - Adams - Williamstown - Tawall Little Hoosick to Cambridge State of New York where he found his Regiment but does not recollect the Col or the Major's name that the Lieut Col was Benjamin  Benjamin he was then marched to White Plains where he was Stationed and sent out in small scouting parties and he remained there until in the latter part of of October when his time expired and was discharged by parole That he served and did his duty as a Private Soldier two 2 Mo. months for which he claims a pension.
That he does not recollect of seeing any Officer or Regiment other continental or Militia except his own under whose command he was during this campaign
That he returned to Witherington where he lived until after the Revolution was from then he moved into Dartmouth where he now lives and has lived forty one years - That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his Service
That there is no Clugyman living in the neighborhood where he he resides who is acquainted with this declarant sufficiently to testify
1 That he was born in the town of Bridgewater County of Plymouth and State of Massachusetts in the year 1753
2 That there is no record of his age except it is on the town Record where he was born and that is not to the knowledge of this declarant
3 That he was living in the town of Witherington where he was called

into the Service and that he has lived in the towns of Wetherington and Fort Ann since the Revolutionary War and that he now lives in the town of Fort Ann as he has since then forty one years
 4 That he volunteered into the Service rather than forced or craft  5 That he cannot remember more particularly or more distinctly the name of Officer of Regiments or companies of his Service or continental or Militia Regiment there is in the body of his declaration by reason of age and length of time  6 That he never received a written discharge  7 That he is known in his present neighborhood to William Brown - William Johnson - Joseph Wells - Benjamin Brown - John Granger - Benjamin Copeland and several others who can testify as to his character for veracity and their belief of his Service as a Soldier of the revolution 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 or Territory I do hereby certify that the above is true to the best of my knowledge  Sworn to and Subscribed the day and year aforesaid J. S. Leigh C.R.
We Benjamin Copeland residing in the town of Fort Ann and John Granger residing in the same town hereby certify that we are well acquainted with Samuel Tittingill who has Subscribed and sworn to the above declaration that we believe him to be Seventy nine years of age, that he is respected 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 J. S. Leigh C.R.  Benj m Copeland John Granger
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 Benjamin Copeland who has signed the preceding certificate is a resident in the town of Fort Ann and that John Granger who has also signed the same is a resident in the same town and that they both are credible persons and that their statement is entitled to Credit

five months for which he claims
I Jesse J. Leigh Clerk of the Court of Washington County Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Pettengill for a pension
In testimony whereof I have hereunto set my hand and seal of my office this 28 th day of May 1833 J. J. Leigh C.P.C.
Samuel Pettengill is an honest man and no one that knows him would doubt the truth of his statement.
Sandy Hill June 18. 1833
Nath l Pitcher S. M. C.

State of New York } Washington County }
No 3
Isiah Morse residing in the town of Myona Chautauqua County and State of New York being duly sworn according to law deponeth and saith that in the year of 1777 he lived in the town of Worthington, in the State of Massachusetts and was well acquainted with Samuel Pettengall who then resided in the said town that in the Summer of 1777 he was present when he Samuel Pettengall was drafted in the Massachusetts State Troops he thinks for Six Months under the command of Capt Joseph Warner Lieut Almon Dewey & Ensign Samuel Lion and he with the said company left the town soon after and was gone some time and this deponent verily believes the full term of Six Months that soon after this deponent left the town and entered the Service and was mostly from home during the Revolutionary War and this deponent further saith he lived in the town of Worthington aforesaid after the Revolution and was well acquainted with the said Samuel in the said town and ever since when he now lives and that he has been ever esteemed and known as a man of truth and veracity in the neighborhood where he has resided and he further saith that he this deponent lives at this time about between four and five hundred miles distance from this place and only happened this way on his return from Worthington in the State of Massachusetts from a visit with his friends there to his present place of residence in the town of Myona aforesaid Josiah Morse
Subscribed and sworn this 30 th day of August A.D. 1833 before me I also certify that Isiah Morse who has signed this affidavit is a man of truth and veracity
John Mott Judge of Washington County Courts
I, Jesse J. Leigh Clerk of the Washington County Courts do hereby certify that John Mott before whom the preceding affidavit purports to have been sworn was at the date of the same one of the Judges of Washington County Courts in and for said County and that John Mott with his hand writing and verily believes his name subscribed to the said affidavit to be his proper hand writing & signature witness my hand and seal at my office this 3 rd day of September 1833 J. J. Leigh Clk

Commonwealth of Massachusetts.
Secretary's Office, October 14 th 1833.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Sam l Pettingill as a private is borne on a Pay Roll of Capt. Joseph Warner's Company. in Col R. Woodbridge's Regt. where he is allowed, from August 17 th to November 29 th 1777. for services and travel, three months and twenty one days. ————— m. do. 3-21
Sam l Pettingill claims for further service under Capt Warner in 1777. the rolls of which are not found in this Office. also those of Capt. Densmore in 1778. for which he claims services.
Cred L.
Edward R. Bangs Secy
and was confirmed...
Pettingill

No 25729 Samuel Pettengill Washington County New York
pf reject
Letter to Hon. H. C. Martindale Aug. 15. 1835.
John Mott Sandy Hill Washington County New York
Hon. H. C. Martindale H.R.
John Mott Sandy Hill, Washington County New York
x

WAR DEPARTMENT,
Pension Office,
Aug. 10 1833
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, showing the Service of Samuel Tittingill Washington County New York
   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.     Vol July 1777 - 5 - private Capt. Warren Col. Woodbridge 79 years County of Berkshire Massachusetts Traditionary evidence, papers correct   Vol Aug. 1778 - 2 - " Capt. Dunsman  
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) _____, who has 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
In witness of service the applicant is referred to E. D. Bangs an rolls of the Militia of this State

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 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. [?] 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.
as, Secretary of the State of Massachusetts, in whose presence

Acts of July 14, 1862, and March 3, 1873.
REVIS REJECTED
81523
P. O. Samuel Pettengill  872
Service: Pri Col Woodbury Mts
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Com
_____ Cert. of Dis. Searched for _____

25-729
New York
Samuel Pettengill Rejected
Letts 15 - Jan 7 1835 to three letters to and from David Brown 1834 Hon H. C. Martindale to Mr. G. Wade 13 January 1847
8153

Hann of N.Y.C. April 16 th 1836.
J. L. Edwards Esq.
NY
Sir Will you have the goodness to send me the pension papers of Samuel Pittenger of Wash- ington County New York, they were prepared & listed by Judge Mott.
I am Respectfully
D. Russell

House of Reps. D.C. April 20 th 1836.
J. L. Edwards Esq r
Sir I herewith return you the pension papers of Samuel Pettengill of New York, with an additional aff te made by Sarah Morse, with the certifi- cate of Mr. Harrison of this House from New York, of the good character of Morse after you shall have examined the same have the goodness to inform me of the result of your deliberations
I am Respectfully
D. Oliphant

War Department Pension Office Dec. 22. 1837.
Sir,
I enclose herewith the papers of Mr. Samuel Pettingill, which should have accompanied the communication to you from this Office of the 18 th inst. but were omitted through mistake.
I have the honor to be Very respectfully Your Obet. Servt. J. L. Edwards
Hon. D. Russell House of Representatives

Salisbury Vermont October 1846.
Sir,
You are hereby requested to correspond with Mr S. Moore of Rose New York, relative to the claim of My Father Samuel Pettengall, an applicant for a pension under act of Congress of 7th June, 1832 - from the State of Vermont. As said Moore, is the attorney duly authorized. To further the investigation of the claim.
I am Sir Very Respectfully Your Obedient Servt Silas Daniels
Dear J. L. Edwards Comr of Pensions Washington D. C.

Rose, New York Dec r 28 1846.
Sir,
I beg leave to present the enclosed applications, for the objections to the claims mentioned therein,
I have the honor to be, Very Respectfully, Your obed Servt, W. G. Wood
Hon G. L. Tilton, Com d of Prisoners Washington D. C.

Dec 22,
No Dec 20 th
11 August 1834. Thomas Marshall Widow Mary Marshall Mrs. L. Thomas Marshall small children from...
H Martindale Dec. 22 nd
Am H. E. Martindale

Hon H. C. Martindale
Sir
I have enclosed five pension declarations which have been heretofore presented to the War Department and returned for more proof. I contend they all are subjects of further consideration and ought to be pensioned from the fact that each has found the best proof in their several powers. In which case the rules and regulations of the Department as at first adopted would and did pension merely from the oath and declaration of the claimant with traditional evidence of his service. In these cases it is admitted that the papers and traditional evidence correct they have no doubts on that ground but they the department require of these applicants to prove their services positively which cannot be done - but none of the same kind of proof may be found - I have written some remarks and showing my views why the department are wrong and the reasons
You will find one in each declaration. Please to read them and if they are of any use you can present the substance of them with your argument on the subject - do be pleased to leave no stone unturned in this business, you will should it be necessary and your own choice associate some one or two with you. Like Wright, Whalen, or any others but as you please be
with me when ever it becomes necessary, will you do me the favour of asking Judge Whalen what has become of Alexander Gatchrist application for a pension the prospects and show me his papers. I have written him twice but have received no answer I am surprised that I do not hear from him yours in truth John Mott

Hon H. C. Mortendahl
Sir
Samuel Tittingill was referred to E. D. Bongs Secretary of the State of Massachusetts for his certificate which he has obtained which proves Service from August 17 th to Nov 29, in 1777 B Mo. 21 days and the affidavit of Isaiah Moore attached to the declaration proves he was present in the Summer of 1777 when he Samuel Tittingill was drafted for six months and that he went immediately into the Service under Capt Joseph Warner This evidence proves he entered the Service before the certificate of E. D. Bongs Esq t as found on the roll and the rule required in note j. applies to continental troops only — This is Militia Service and here is proof by one credible witness that he entered the Service before the rolls states — These rolls are imperfect and cannot wholly be relied upon but the proof they have produced certainly prove he was in the Service but is it conclusive he served no longer — certainly not to prove the imperfect state of those rolls and that because the rolls are not found does not conclusively prove the Soldier did not serve I would refer you to the Application of Nathaniel Gossfield in his papers you will find the Certificate of E. D. Bongs Esq t — Stating that he claimed for services under certain officers whose rolls in this Office cannot be found and in further examining his declaration you will find an Original discharge executed by that same Officer This certainly proves the rolls does not now exist in the Office This for must have been a roll that was used in the revolutionary war that was lost and if one roll has been lost why not more and if this be true can it be relied on to the exclusion of other Claims equally valid — — — —
The Applicant has produced the best and only proof in his power he has been to Massachusetts where he did commence his service and he cannot find one living that knew him as a Soldier in the revolutionary war They are all dead and gone if his affidavit to this is required he could make it and send it on
I hope the War department will not exclude one when others have been pensioned by their own acts only a General Rule should be observed and adhered to yours with due respect John Mop

One object I have it to have the department say whether they will or will not pension Mr. Samuel Tottenhill with the under these circumstances and proof if not he must either apply to Congress or not receive his a compensation for his Claims