Revolutionary War Pension and Bounty Land Warrant Application File S. 33,465, for Nathaniel Peck, Massachusetts

SERVICE
NUMBER
Mass.
Peck, Nathaniel
S. 33,465
CONTENTS

16523
Massachusetts R
Nathanial Peck
Boston in the state of Mass s was a Private in the regiment commanded by J Baldwin of the Mass s for the term of three years
scribed on the Roll of Mass s at a rate of 8 Dollars per month, to commence on 30 th of March 1818
Certificate of Pension issued the 6 th of March 1820 to J. Walson Boston House of Rep s
  Arrears to 4th of March 1820  185.54    emi-anl. all ce ending 1 st S p 1820  48    23 m 6/31     184  $233.54    154     155 54   
{ Revolutionary claim, Act 18th March, 1818. }
Continued
Let L. Mason, Aug. 27/51.
Duplicate certificate signed Jan y 1 st 1825, and sent to John D. Sleeper Esq r Boston Mass s
to the Hon. John D. Sleeper Esq r Boston Mass s 1825

MASSACHUSETTS DISTRICT, ss.
31 December 1819. February 11 th 1820
I AM satisfied that the above named, Nathaniel Peck - by reason of his reduced circumstances in life, is in need of assistance from his Country for support.
J. Davis
{ District Judge U. S. Massachusetts Dist.
TO THE SECRETARY OF THE DEPARTMENT OF WAR.
J. Davis
{ Judge of the District Court U. S. Massachusetts District.

MASSACHUSETTS DISTRICT, ss.
Boston June 5 A. D. 18 18
IT appearing to my satisfaction, that Nathaniel Peck , subscriber to the annexed declaration, sworn to before me, did serve in the revolutionary war against the common enemy, as stated in said declaration, I now transmit the testimo- ny in the case, with the proceedings had thereon, to the Secretary of the department of war, pursuant to the directions of the Act entitled "An Act to provide for certain per- "sons engaged in the land and naval service of the United States in the revolutionary "war;" the testimony and proceedings in the premises being the declaration aforesaid, with the accompanying documents marked A. together with this certificate.
In witness whereof I have hereunto set my hand and caused the seal of the District Court of the United States for this District to be hereunto affixed.
J. D. Dabney } Judge of the District Court U. S. } Massachusetts District.

No 31
Nathaniel Peck Not in Crains Regt
The Judge has omitted to sign the certificate of reduced circumstances of the Applicant.
The declaration must set forth the date of enlist- ment, & Regt. & Lines.
3 rd Dec. 1819
Artificers not provided for by the law of 18 th
March 1818
Madison V o
3. Novr. 1819 New Evidence marked B.
see the additional evidence

United States,
Massachusetts District.
Nathaniel Peck of Boston in said District, a resident citizen of the United States and an applicant for a pension from the United States under an act, entitled "an act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary war" maketh oath, that he served as a private soldier in the war of the revolution in the Continental establishment as a soldier in the state of Massachusetts in the company of which Mr. Hatch was captain; the regiment or the line he does not recollect, for a term of eight months, his enlistment being for that time, at the end of which he was honorably discharged. Within three months after this term I enlisted again and for a term of three years, the whole of which term I served as a private soldier in a company commanded by [blank] Nichols, the regiment or line he does not recollect; that he was at Ticonderoga before Burgoyne's surrender, and was also with Gen. Washington at White Plains; at the end of the three years he received an honorable discharge from Gen. Knox, but which he has lost. He again served as a private in Capt. Roddon's company in which he marched from Massa- chusetts to Rhode Island; that by reason of his reduced circumstances in life, he is in need of assistance from his country for support.
Nathaniel Peck
Mass. District S. 30. March 1818
Sworn to before me
J. D. D. D. Dist. Clerk.
Nath. Peck.

Know all men by these Presents, that I, Charles Veasey of Boston in the County of Suffolk and Commonwealth of Massachusetts, Administrator of the estate of Nathaniel Peck, late of said Boston, deceased, do hereby constitute and appoint Lyman Mason Esq. of Boston, in said County of Suffolk my Sole, true and lawful Attorney, for me and on my behalf to prosecute any claim which I may have upon the government of the United States as administrator of the estate of said Nathaniel Peck, by virtue of his services as an artificer in the war of the Revolution. And the said Lyman Mason is hereby authorized to take all necessary proper and legal steps in the prosecution of said claim on my behalf in the same manner as I might do for myself.
Witness my hand and Seal this eighteenth day of July in the year of our Lord, one thousand eight hundred and fifty one.
Signed and Sealed in Presence of J. R. Page
Charles Veasey

Commonwealth of Massachusetts.
County of Suffolk ss
J. Edward G. Loring.
Judge of Probate. do hereby certify that satisfactory evidence has been exhibited to the Probate Court of said County that Nathaniel Peck, late of Boston in said County, deceased, was a pensioner of the United States at the rate of Ninety Six dollars per annum, that he died on the 2 nd day of February 1837, that he left no widow or children, (being unmarried,) and that said Nathaniel Peck is the same person of whose estate administration was granted to Charles Voagie of Boston on the 20 th day of March 1837.
In Testimony Whereof, I have subscribed these Presents and caused the seal of the Probate Court to be affixed this 19 th day of July 1851.
Edward G. Loring
Judge of Probate

Commonwealth of Massachusetts.
Secretary's Office, Boston :
July 25 1857.
I 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 Nathaniel Peck is borne on Army Books in Capt. Noah Nichols' Co. of Artillery Artificers, as a private from March 10. 1777 to March 10 1780. 34 mos. 10 mos. 21 d. @ £6, 17 mo. at £9. & the balance at £8. per mo. (enlisted 3 years)
I also certify that a warrant was drawn on the Treasury June 21. 1834, for $50 in favor of Nathaniel Peck, as a bounty for revolutionary service; he having exhibited proof that he had served at least 3 years in Capt. Nichols' Co. Artificers, under Genl. Renod. the money was paid to Charles Keaze of Boston, his duly authorized Agent.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Mass. Walker Secretary of the Commonwealth.

Application for evidence of Revolutionary Service, made by the Administrator of the party who rendered the Service.
The Secretary of the Commonwealth of Massachusetts, is respectfully requested to furnish evidence from the rolls in his office, of the Revolutionary Service of Nathaniel Peak. —
He resided at the time of his service at Boston or vicinity & served in a company of Artillery Artificers, during a large part of the war, and was at one time under the Command of Genl. Knowl. —
The Commonwealth granted a bounty to said Nathaniel Peak, some years before his death, in consideration of his services, to procure which I was his Attorney.
Charles Vearse
Subscribed & sworn.
To in my presence.
this 24 th day of July 1851.
Lyman Mason Justice of the Peace

Nathl Peck
Canton
16,523
Mar '20

District of Massachusetts, ss.
ON this fifteenth day of July 182 0 personally appeared, in open Court, being a Court of Record, viz. The District Court of the United States for the said District, Nathaniel Peck aged Eighty four years, resident in Boston in the County of Suffolk, in said District, Chair Maker who, being first duly sworn according to law, doth on his oath declare, that he served in the Revolutionary War, as follows: viz Enlisted in the Spring of 1776 in the Company commanded by Captain Noah Nichols in the corps under the command of General Knox and served in said corps prin- cipally in New York until the Spring of 1779 when he was honorably discharged in writing by General Knox, but has unfortunately lost it. His original application was made on the 30 th day of March 1818 and the number of his pension Certificate is 16523.
And I do solemnly swear, that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons, engaged in the Land and Naval Service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed.
Nathaniel  his  Peck mark
Sworn to and declared, on the fifteenth day of July A. D. 182 0 before
John Davis. { Judge of the Massachusetts District Court.
I, JOHN WATSON DAVIS, Clerk of the Massachusetts District Court, do hereby certify, that the foregoing oath, and the schedule hereto annexed, are truly copied from the record of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount in value, of the property exhibited in the aforesaid schedule, is _____ dollars and twenty five cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this twenty first day of July 182 0
John Davis { Clerk of the U. S. District Court, for the Massachusetts District.

Schedule —
1 Chest or Box —————
$0. 25
The above is all the property of which I am possessed. I have no real Estate of any description I am eighty four years of age a chair maker by trade but from the infirmities of age am unable to earn my subsistence. I have no family but am supported principally by Charity
This Nathaniel + Peck Mark

FREE
Nov 15/51 Dear Sir, James E. Heath Esq. Commissioner of Pensions Washington. D.C.

Hon John C Calhoun - Secretary of War - City Washington

Boston Nov 25 1819.
Hon J C Calhoun.
Sir
Permit me most respectfully to ask your attention to the accompanying papers of N Peck. it having been denied to their admission that he was an artificer. By the deposition of chaps s Nickels and Stodder it appears that he enlisted as a soldier in 1777. and faithfully served three years, and altho the company of Captain Nickels is mentioned as having artificers in it; in Mr Bradfords affidavit, it does appear that Mr Peck acted as a soldier, or at least there is no evidence to contradict his affidavit to that effect. It is also understood that his captain and some others of the same corps have obtained it, for the same service. and so far as age, indigenous, and infirmity can enforce his claimes, there are none who can present stronger — I take the liberty also of forwarding the certificate of Charles Fuller , it having been intended I presume for Charles Fuller of Charles town, on whose behalf I had the honor to make application to the Department of war some time since. Should that be the case. I would request that a corrected one may be sent to me — With the highest respect —
I am the honor to be your most obed t Serv t Stephen Morse

Hon John C Calhoun
Washington City

Boston Feb. 11 th 1820-
Sir
In compliance with directions from the War Department. I have the honor to transmit the certificate of Judge Davis of the indigence of the applicant, which was before accidentally omitted. I forward also a supplementary affidavit of distress stating the regiment and line. This too would have been taken before the judge but for the age and infirmities of the applicant. and the judge necessarily requires that those who testify should come before him. When the last affidavit was taken APW was hardly able to scratch his name, & when I attended upon him now he could only make his mark. Under these circumstances I hope my authentication of the supplementary affidavit may be deemed sufficient, that the certificate may be received in time for the inform veteran to receive their payment in share.
Very respectfully
Than to know & be.
Yours most obedt servt Stephen D. Dyer

United States -
Massachusetts District.
Nathaniel Peck of Boston, in the District of Columbia - having made affidavit on the 3 rd March 1810 before the Hon. Judge Davis now further states as supplementary thereto, that the company in which he served was commanded by Noah Noble in a corps commanded by Col. Jonathan Baldwin and afterwards by Major Horatio Stevens in the division commanded by Major General Knox. Nathaniel his Peck mark.
Boston Sept. 10. - February 11. 1820.
Personally appeared the above named Nathaniel Peck and made solemn oath to the truth of the above statement by him subscribed - Before me Stephen Hosper - Justice -

u. p. Dec. 29. 1824
25
J. H. Edwards Esq.
War Department Washington
For proof of Lillie's being a Justice of the Peace, see app. for a new certificate for Othaniel Croft.

Boston Decr 23 1824
Sir, I herewith transmit, the applications of Nath l Peck, a Revolutionary, & Nathan Gage, an Invalid Pensioner, for new certificates, in lieu, of their lost ones. As it respects Peck, he is a very Old, & infirm man, & if the statement I now forward, will not obtain a new certificate for him, I know not, from the conversation I have had with him, how he can otherwise obtain it, he is a Boston man, & very well known to me, he is also, very infirm, & debilitated. Will you please to inform me, whether in future, on every like application, in behalf of an applicant, for renewal, by me, it will be necessary to forward a Certificate under seal, of my commission, as a Justice.
I am very respectfully
J. H. Edwards Esq.
Washington
Sir, Your Hon ble Serv t
John S. Billings

Office 5. 1849
Boston September 23 d 1851.
James C. Heath Esq. Com r of Pensions;
Sir,
I had the honor to receive through F. L. Evans Esq. your letter of August 27, respecting the claim of the Adm r of the estate of Nathaniel Peck, for an increase of the pension granted to him for revolutionary services.
I am very well aware that arrears of pension "are not considered assets for distribution by an administrator or executor" but at the same time, the title to a pension under those laws is acknowledged to be a vested right , which cannot be annihilated by the failure of issue to the soldier - and that the arrears of his pension are payable to heirs in cases where there are no children or others to assert a prior claim under the special provisions of the pension laws.
In presenting this case for allowance I presumed I was only claiming the benefit of a well established principle of the department, in which I would not be called upon to vindicate the principle as well as to substantiate the claim; but whatever differences of

opinion may have once existed respecting the proper construction of the law in such cases, I beg leave to submit that the question has been definitely settled in the last decision in the case of Elizabeth Craigie , which has been allowed and paid, and other cases, in one of which at least, the entire pension has been granted to heirs at law, where the soldier had refused to receive it during his life.
The manifest injustice of refusing arrears in such cases would demand such a decision now, if it had not been already made. — In the case which I have now the honor to present, the pensioner lived to the age of 90 years or upwards, and for the last 13 years of his life, most of the time sick and helpless, involving great expense and care to the claimant and which contributed to reduce him to the state of poverty in which he now is, the soldier having no means to remunerate him except his pension of $96. per annum.
I would therefore respectfully urge a reconsideration of the case of Nathaniel Pecke, and that a certificate for an increase may be issued to the administrator of his estate accordingly.
I have the honor to be Very Respectfully Your Obt. Servant,
Lyman Mason

North Park
May 18 m

Boston July 26 th . 1851.
Sir.
I herewith present the claim of Charles Vrazie Adm r of the Estate of Nathaniel Peck late of Boston, deceased, for an increase of the pension paid to him to $240. per annum & submit the accompanying papers for examination.
Very Respectfully
Your Obedient
Lyman Mason
20 Court St
James F. Heath Esq.
Comm re on Pensions

B
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page. The text is mostly illegible but appears to be in cursive.]

Commonwealth of Massachusetts.
By His Excellency JOHN BROOKS, Esquire, Governor and Commander in Chief in and over said Commonwealth.
TO ALL WHOM IT MAY CONCERN:
Know ye, That Elisha Doane Esq d is a J. Brooks. Justice of the Peace within and for the County of Norfolk
in the said Commonwealth, duly constituted and commissioned, and that to his Acts and Attestations, as such, full faith and credit are and ought to be given in and out of Court.
In Testimony whereof,  I have caused the Public Seal of the Commonwealth to be hereunto affixed, this thirteenth day of September A. D. 1819, and in the forty fourth year of the Independence of the United States of America.
By His Excellency the Governor.
Alden Bradford Secretary of the Commonwealth.

We Noah Nichols, James Weddard, and Jonathan Bates all of Cohasset in the County of Norfolk Commonwealth of Massachusetts, do testify & say that Nathaniel Peck of Boston in the County of Suffolk, enlisted in Captain Noah Nichols Company of Artillery, commanded by Major Ebenezer Sturges, Northern Department in the service of the United States, in the Revolutionary War against Great Britain as a private soldier on the fourth day of March 1777 & continued in said service three years and was honourably discharged Noah Nichols Cohasset Sept. 9 th 1819. James Weddard Jonathan Bates
Commonwealth of Massachusetts, County of Norfolk September 9 th 1819
Then the above named Noah Nichols, James Weddard & Jonathan Bates, solemnly & solemnly swore that the foregoing declaration by them subscribed, was true
Before me Oliver D. Dane Justice of the Peace do hereby certify that the above Deponents are men of veracity —
Oliver Dane Justice of the Peace

Commonwealth of Massachusetts
Secretary's Dept. Sept. 13-1819
I hereby certify that Nathl Peck was a Soldier in Capt. Noah Nichols' Company of Artillery Artificers, in under command part of the time of Jonathan Baldwin Col. apart of the time of Major Eben r Stevens - & belonging to the corps or division commanded by Genl. Knox - as of years by records & official docu- ments, now in this Department, relat- ing to the late revolutionary war - That said Peck enlisted March 10 th 1777 & served 'till March 10 th 1780 the term of three years, for which he enlisted - and that according to re- cords of this Commonwealth the above named corps were on the continen- tal establishment - & were paid by the continent the nominal sum due them for wages - the depreciation of which was made up by this State - & finally claimed & allowed of the U. States — Alden Bradford Secy. of Art.

WAR DEPARTMENT.
Boston 20 Decr 1824
[REVOLUTIONARY CLAIM.]
I CERTIFY, That in conformity with the Law of the United States of the 18th of March, 1818, Nathaniel Pack late a Private in the Army of the Revolution, is inscribed on the Pension List.....Roll of the MASSACHUSETTS AGENCY, at the rate of Eight Dollars per month, to commence on the 30 th day of March one thousand eight hundred and Eighteen
GIVEN at the War Office of the United States, this sixth day of March one thousand eight hundred and twenty
J. C. CALHOUN,
Secretary of War.
(A true Copy)
John S. Spillane Justice Peace.
As to the above copy of the Original pension Certificate, I have taken from the one which was given, when he recd his stipend, in Sept. & was identified before me.

33465 Rev  INVALID.
File No. 33,465
Nathaniel Heck
Chi Rev Ind
Act: 18 th March 18 th
Index:—Vol. 2 , Page 320
[Arrangement of 1870.]

Application for a New Certificate
Boston, County of Suffolk, ss, On this 12 18 th day of November, 1824; before me the subscriber, a Justice of the Peace for the said County of Suffolk, personally appeared, Nathaniel Peck, to me personally known, who, on his oath declares, that he is the same person, to whom was granted a pension certificate in conformity with the law of the United States, of the 18 th of March, 1818; that he was a private, in the Army of the Revolution, & is inscribed on the Pension List-Roll of the Massachusetts Agency, at the rate of 8 Dollars, per month, to commence, on the 30 th day of March, 1818. the certificate issued the 10 th March, 1820; which certificate, on, or about the the 30 th September last, was stolen from me, together with my pocket Book, containing some money, & other papers, at my Boarding House, in Boston.
Nathaniel his Peck X mark.
Sworn, and subscribed to before me, the day, & year aforesaid.
John S. Lillie Justice of Peace

I Certify that John S. Lillie Esq. is a Justice of the Peace for the County of Suffolk and State of Massachusetts
Sam l Nottingham Clerk B.
Off ce Bunn W.
Boston Nov 19. 1824.