Revolutionary War Pension and Bounty Land Warrant Application File S. 5098, for Livy Morton, Massachusetts

SERVICE
NUMBER
Mass.
Morton, Levy or Levi
S. 5098
carded
CONTENTS

15528  Massachusetts  Liv Morton
of Plymouth in the State of Mass who was a Sergeant in the Company commanded by Captain Thayer of the Regt commanded by Col. Brad in the Mass line for 9 months
Liv Morton . Records of Mass Inscribed on the Roll of Massachusetts at the rate of 30 Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of June  1833 and Sent J. H.  And Plymouth Mass Arrears to the 4th of March 1833 $60.00 Semi-ant. allowance ending Sept 1 15.00  $75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. & Wm Clerk, Book 2 Vol. 2 Page 53
74 Plym July 14, 1838

Livy Morton
20086

No 30. Commonwealth of Massachusetts County of Plymouth ss.
On this sixteenth day of November 1832, personally appeared in open Court, before Hon. Milkes Wood Judge of the Court of Probate now sitting at Middleborough within & for said County of Plymouth Levy Morton a resident of Middleborough in said County of Plymouth 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 benefit of the act of Congress passed June 7 th 1832. He hereby relinquishes every claim whatever to a pension or annuity except the present, & declares that his name is not on the pension roll of the agency of any state - That is to say, that he entered the service of the United States under the following named officers & served here in stated -
That in the month of April 1777 he enlisted as a volunteer & private in the Company commanded by Capt. William Tupper and forthwith marched to Howlands Ferry in the State of Rhode Island and served in said Company at that place and at a place called Sea- conet for the term of three months which was the term of service for which he enlisted when he with the whole of said Company was discharged & returned home. That the time of leaving said service was in the month of July 1777. That the duty in which said Company were employed was in guarding the shores. That the time spent near said Howlands was a month or six weeks & the residue of the time was spent at Seaconet. That the Company was not employed in field duty, and he does not recollect the names of any field- officers who commanded said Company. That he had no written discharge & no documentary evidence, but Daniel Packer.

was with him in the same Company during this period of service whose deposition he has taken -
That afterwards on the first of July 1778 he was drafted as a private & attached to the Company of Company of Capt. David Packard of Bridge water - marched to Providence in the State of Rhode Island and joined the Regiment of Col. Wade. He with said Company staid in said Providence about three weeks till the Continental Troops arrived at that place commanded by General Sullivan (Genl. Glover commanded a Brigade) when he with said Company marched with all the Troops to Howland's Ferry & soon afterwards marched on to the Island of Rhode Island and staid on said Island about three weeks during which time there was an engagement with the British. After leaving said Island he marched to a place called Seacomb. Remained afterwards a portion of said Capt. Packard's Company of which he the said Morton as one was put under the Command of Capt. John Smith in Col. Jacob's Regiment and was stationed at said Seacomb until the first week in January 1779 when he was discharged & returned home, & that after this period of service he has no documentary Evidence, never having had any written discharge but he has taken the deposition of Silvanus Wood who was in the same service.
That he was born on the 4 th February 1760 in said Town of Middleborough & resided in said Town at the several times he entered the service service as a private, & had ever since lived in said Town.

Except that from the the year 1784 to the year 1809 he lived in the Town of Winthrop in the State of Maine or what is now the State of Maine then a part of Massachusetts & now lies in said Micah Hough. That he has a record of his age in the Records of the Town of Micah Hough That he is known to the Rev. William Eaton, Dr Joseph Clark, Hon. Wilkes Mood Judge of Probate & Zechariah Eddy Esq who reside in said Micah Hough & can testify to to his Character for veracity & their belief of his services in the war after the Revolution -
Livingston
Sworn to
Sworn to and subscribed the day & year aforesaid
Attest
Jacob H. Lord
Register

We, William Eaton a clergyman, residing in the town of Middleborough and Joseph Clark residing in the Middleborough hereby certify, that we are well acquainted with Levy Morton who has subscribed and sworn to the above declaration; that we believe him to be seventy two 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 to, and subscribed, the day and year aforesaid. William Eaton Joseph Clark Attest Jacob H. Lord Register
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Rev. William Eaton who has signed the preceding certificate, is a clergyman, resident in the town of Middleborough and that Doctor Joseph Clark who has also signed the same, is a resident in the same town and is a credible person, and that their statement is entitled to credit.
By the Court, Attest Jacob H. Lord Register
I, Jacob H. Lord Register 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 Levy Morton for a pension.
In testimony whereof, I have hereunto set my hand and seal of my office, this Sixth day of November in the year of our Lord one thousand eight hundred and thirty two .
Jacob H. Lord

20686 Livy Morton Mass
Livy Morton
Private 9 Months
M. Clayton
J. D. Lord Plymouth Mass

WAR DEPARTMENT,
Pension Office,
183
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 Sary Morton Plymouth Co Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlist 1777 — 3 — privt Capt Zipher none none Rhode Island 72 years traditional   disch 1778 — 6 — — Reckard Smith. Col Wade Genl Sullivan Col Jacobs Red Bank { S Connecticut Rhode Island Middleborough Mass and 2 Sinegny Witnesses  
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) 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 day 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 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 he 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  here  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.
[k] 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 [j] note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Perkins
5098 INVALID.
File No. 5798
* Lion Morton Print RW War
Act: June 7 th 183
Index:—Vol. M , Page 262
[Arrangement of 1870.]
* Lion Morton Records corrected Apr. 18 '04 a.

I Silvanus Wood of Middleborough in the County of Plymouth & Commonwealth of Massachusetts on oath depose & say that I am in my the 75 th year of my age, that I have been acquainted with Seny Morton of said Middleborough ever since I was a small boy and am now well acquainted with him - that on or about the first day of July 1778 said Seny Morton and myself joined the Company of Capt. Packard of Bridgewater & immediately marched to Providence in the State of Rhode Island & there joined Col. Mades Regiment and were stationed in said Providence until the arrival of the Continental Troops when we marched to Howland's Ferry and the next day after we arrived at Howland's Ferry we marched on to the Island of Rhode Island in company with all the Troops - that we staid on the Island about two or three weeks during which there was an engagement with the British in which Genl. Sullivan commanded, but I cannot recollect the name of our Brigadier General. After the Troops left the Island, our Regiment marched to Seaconet, and soon after we arrived there, I cannot tell how long, Capt Packard returned home & the men belonging to his Company were transferred to other Companies. I was transferred to Capt. Rowley's Company, and said Seny Morton was put into Capt. Smith's Company and both of these Companies at this time were annexed to the Regiment of Col. Jacobs, and that both of these Companies were stationed at said Seaconet and its vicinity and performed Guard duty until the first day of January 1779 when the term of eight months expired which the time for which I and the said Morton engaged to serve, when I & the said Morton & others were dismissed - that I recollect that said Morton staid the whole time above mentioned & came home the same time with me - SILVANUS WOOD

Commonwealth of Massachusetts County of Plymouth ss November 28. 1832 Then personally appeared Silvanus Wood within named and made solemn oath to the truth of the within deposition by him subscribed Before me Isaac Stevens Justice of Peace
I hereby certify that the above named Silvanus Wood is personally well known to me & that he is a person of veracity & a credible witness Isaac Stevens Justice of Peace

Daniel Tucker of Middleborough in the County of Plymouth & Commonwealth of Massachusetts on oath do testify and say that I am seventy two years of age, and am well acquainted with Levy Morton of the same Middleborough and that the said Levy Morton in the Spring of the year 1777, and according to the best of my recollection in the month of April of that year, enlisted as a private into the Company commanded by Capt. William Tupper of Middleborough for the term of three months and immediately proceeded to Howlands Ferry, and was stationed at said Howlands Ferry for a month or more and then marched to a place called Sea Conet place about four miles south of said Howlands Ferry & was stationed at said Sea Conet for the residue of the term of three months which expired about the first of July 1777, when said Levy Morton was discharged and returned home, having served all during said period in the Company of Capt. Tupper - And that I enlisted at the same time with the said Levy Morton and served in the same Company during all the said term & was discharged at the same time - when the whole company was dismissed - that I do not recollect the names of the field officers, & that none of the said Company had any written discharge. Daniel Tucker Commonwealth of Massachusetts
Plymouth ss. On the fifteenth day of October 1832 Personally appeared Daniel Tucker and made solemn oath to the truth of the above written deposition by him subscribed
Before me Isaac Stevens Justice of the Peace

I hereby Certify that I am well acquainted with the within-named Daniel Tucker. that he is a person of veracity and a credible witness.
Nov. 1. 1832 Isaac Stevens Justice of the Peace
Commonwealth of Massachusetts Plymouth ss. I Jacob H. Lord Register of the Court of Probate for said County do hereby certify that Isaac Stevens Esq is a Justice of the Peace for said County and that I believe his name subscribed to the above within & annexed certificates to be his true & gen- uine signatures.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty fourth day of December A.D. 1832.
Jacob H. Lord