Revolutionary War Pension and Bounty Land Warrant Application File S. 30,047, for Josiah Procter, Massachusetts

SERVICE
NUMBER
Mass.
Procter Josiah
S 30047
Mass sea service
Navy
CONTENTS
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Maine 18.167
Jonah Procter
of Waterford in the State of Maine who was a Private Seaman in the Company commanded by Captain Evans of the Regt; commanded by Col Tyler in the Mass s and time for 11 mos 9 ds Seaman } 1 " 23 " Marine } 10 " 28 " for }
Inscribed on the Roll of Maine at the rate of 87 Dollars 44 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of July 1833 and sent to
A. Whitman. Waterford Me
Arrears to the 4th of March 1833 $174.88 Semi-ant. allowance ending Sept. — 43.72
$218.60
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk
Book E Vol. 1 Page 42

Josiah Proctor's Application for a 9000 Pension 3

STATE OF MAINE.
COUNTY OF Oxford — ss.
ON this 6th day of August A. D. 1832, personally appeared in open Court, before the Court of Probate now sitting, Josiah Proctor — a resident of Watford — in the county of Oxford — and State of Maine, aged 69 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. In July 1779 (day of the month not recollected) he enlisted at Watford in the State of Massachusetts, County of Middlesex, where he then resided, in a company commanded by Capt. Hovey (he believes of the Massachusetts Line) in Col. Dyer's Regiment, for a term of six months . He was immediately marched to Providence in the State of Rhode Island — After remaining there for the term for which he enlisted and under the same officers he received an honorable discharge which he thinks was signed by Genl. Gates as he was then the commanding General on that Station — In July 1780 (day of the month not recollected) he was once more selected by said Town of Watford to make out a requisition from said town and went to Springfield in Massachusetts in company with fourteen others where he enlisted for another term of six months in the company of Capt. — Dyer — From Springfield he was marched to West-point in the State of New York — There he was detached into "Major" Knapp's Company — then being a lack of Captains or too many Subalterns — in Col. Dyer's Regiment and Genl. Paterson's Brigade — He was soon marched from West-point and during the remainder of his term of service was stationed at various points on the North River under Genl. Washington — He was on guard at the Ferry when the British Officers came with a flag of truce to see Maj. Andre hung — When his term of service was out he received another honorable discharge — Major Knapp handed it to him but he does not now remember by whom it was signed — In the latter part of the summer 1781 (he does not now recollect the day or the month) at Boston in Massachusetts, he shipped on board the Privateer Kingston but before he sailed he was impressed to go on board the State Ship Mars, Capt. Evans, in company with Abel Proctor, from said town of Watford, who is now dead, — He and said Abel refused to sign the papers of the said ship Mars, but served faithfully on board said ship as marines  two months — During which time said ship carried a load of Military Stores from Boston to Portland and afterward

(he does not now recollect) The day or the month of - Boston in Massachusetts, he shipped on board the Privateer Kingston but before he sailed he was impressed to go on board the State Ship Mars Capt. Eddy, in company with Abel Proctor from the town of Westford, who is now dead, - He and said Abel refused to sign the papers of the said ship Mars, but served faithfully on board said ship as marines  two months - During which time said ship carried a load of Military Stores from Boston to Portland and often and cruised eastward - After returning to Boston, Capt. Eddy found that he had done wrong in impressing a part of his crew and those who did not sign the shipping papers were dismissed, without pay or regular discharge - He and Abel Proctor (since dead) were of this number - In Dec. 1781 he thinks, Lieut. Reed of the Continental Navy came to said Westford where the said Proctor then resided, to ship hands - He again shipped in company with Philip Proctor and Job Spaulding to go on board the Dean Frigate Capt. Samuel Nicholson, for a term of five months - He immediately returned to Boston and went on board said Frigate - The cruise of said Frigate was in and about the West Indies, where she captured in the course of her voyage five prizes - Instead of being discharged at the end of five months, he was kept on board of said ship till August, a term of eight months - The shipping papers having been altered, without his knowledge or consent, to make his term of service read one year - and then permitted to go home on furlough - Before his furlough was out he received word that if he would go to Boston, he should receive his discharge - Capt. Nicholson at that time being on trial by Court-Martial on the complaint of a French Doctor who had served on board said ship - In Dec. 1782 (the day of the month not recollected) at Boston, in company with Zachariah Robbins, Job Spaulding, James Proctor, Philip Proctor, Herkiah Hildreth and one other who he believes are all dead excepting Spaulding, he shipped on board the State Sloop Winthrop of thirteen guns commanded by Captain Paul Little, for another term of five months - During this term of service he also cruised in and about the West Indies and captured several prizes which were sent into St. Kitts for condemnation - That Island having been taken by the French - After serving out his term and returning which was at the close of

the war, he received an honorable discharge - He further states that he left all his discharges with some other papers, with his father in said Westford forty seven years ago when he came to reside in this town, and that his father has long been dead and said discharges are now lost - He was born in said Westford the 5th mo. 1762 has no record of his age - Lived in said Westford when called into service until one year afterwards then he left the service when he removed into said Watford where he has lived ever since - He was a Volunteer -
He further states that having made great effort to find persons who could testify to his services, he has been unsuccessful and knows of no person living who can so testify - He is the only person living in this region who came from the town of Westford and he has had little or no communication with his former neighbors since he left the town

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 applicant was a revolutionary soldier, and served as he states, said applicant having adduced the certificate of Lincoln Ripley, a Clergyman of said Watertown, & of Leander Gage, under oath duly administered, highly respectable & credible persons - it being inconvenient for said persons to appear personally in Court. in corroboration of his own declaration.
Stephen Emery. Judge
I Joseph G. Cole Register
Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Proctor for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this sixth day of August A. D. 1832
CLERK.
Joseph G. Cole Register

9060 Josiah Proctor
12 th April 1833
Obj 15.
P. 333 #8
44 1.17 11 mvi 90i Scamau 3.33 1 .. 23.. Maine 2.53 10 .. 28.. Private 33.53 3.08   24.00 87.44
Christian C. Whitman Waterford Me

BRIEF in the case of Isaac Proctor of Waterville in the State of Maine (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? on Oath  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     July In 1779 6 Private Gen. Putnam Col. Tyler Col. Gage   July - 1780 6 Rolls " Col. D. D. D. Col. D. D. D.   June 1781 Seaman Col. D. D. D.   Dec 1781 " Col. D. D. D.   Dec 1782 " Col. D. D. D.  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Waterville  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attached as required 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Michael Gutt Examining Clerk.

30047 Rev INVALID.
File No. 30047
Josiah Procter Rev Rev War
Act: June 7 n 89 th
Index: —Vol. 2 , Page 893
[Arrangement of 1870.]

Joseph Proler
L
Charles Whitman for Claudian Waterford Oxford Co Me

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

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? yes
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? yes
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? yes
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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?
XVI. ‡ Are the papers authenticated as the regulations direct? No - see Quere 15
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 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.
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.
He must produce proof that the vessels named in his declaration were public-armed vessels, as service in private-armed ships does not entitle any one to a pension under the act of 7 June 1832.
In this case there appears to be only want of evidence that the vessels named were public armed vessels and the required authentication of papers. It will be seen that the papers are now in due form and I hope Mr Bangs certificate will be satisfactory evidence as to the other point as it is believed no further can be obtained. The applicant has declared that it will be impossible to procure further evidence of service on account of the great length of time and entire

South Park
Charles McIntire for
Glencoe
Waterford
ex facie Co Me
impression of intercourse with the scenes of his early life & I trust by the appearance of the Priory it is not required - There seems to be some discrepancy between the Rector and the the Secy Prof. as to the length of service on board the vessel which the Applicant cannot account for - He feels assured that he has stated correctly - He desires for his convenience that all communications be made to me
C. McIntire

Certificate of Secy of State Massachusetts

Commonwealth of Massachusetts.
Secretary's Office, April 27 1833.
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 Josiah Proctor appears on a Pay Roll of the Ship Mars capt. James Nevens as having served as a Marine from April 20 th to June 12 th 1781. (and was allowed for service One month and twenty three days. His name also appears on a Pay Roll of Sloop Winthrop, capt. George Little as having served as a Seaman from December 9 th 1782. (and discharged March 17 - 1783. (and was allowed for service three months and nine days.
We have no rolls in this Office of the Deane Frigate, that having been a Continental or United States Ship. ————— Edward D. Daps Ly

Isaac Proctor
Clayman Cutipede

We, Lincoln Ripley, a Clergyman, residing in Watford, in the County of Oxford and State of Maine, and Leander Gage of the same Watford, Physician, hereby certify, that we are well acquainted with Joseph Proctor who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is respected and beloved, in the neighborhood where he resides, to have been a Soldier of the revolution, and that we concur in that opinion —
L. Ripley. L. Gage
State of Maine — County of Oxford ss — August 6 th 1832 — Subscribed and sworn to Before Charles Whitman Justice of the Peace
STATE OF MAINE.
OXFORD COUNTY, ss.
I, RUFUS KING GOODENOW, Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that Charles Whitman Esq
whose genuine signature is annexed to the foregoing Deposition of L. Ripley L. Gage is a Justice of the Peace in and for said county of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this 28 th day of August in the year A. D. 1832.
R. King Goodenow } Clerk of Oxford County Courts.