Revolutionary War Pension and Bounty Land Warrant Application File S. 30,676, for Josiah Rhodes, Massachusetts

SERVICE
NUMBER
Mass
Rhodes Josiah
S 30,676
Carded.
CONTENTS

Massachusetts
Josiah Rhodes
Yes in the State of Mass was a Private in the company commanded by Captain Burlington of the regt commanded by Col Gerrish in the Spa line for 11 Mths.
Index
77 Index
Inscribed on the Roll of Spa at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Apr 1833 and due to Hickory Lynn Mass
Arrears to the 4th of Mar 1833 $ 73.32 Semi-ant. allowance ending 2 Sept " 1833
$91.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H S Blair Clerk, Book 8. Vol. 22 Page 71.

Declaration &c. of Isiah Rhodes an orphan for Pension under Act June 7. 1832.
N o 5422.

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this fourteenth day of August , A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Josiah Rhodes , a resident of Lynn , in the County of Essex and State of Massachusetts, aged 75 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:
1. In 1775. enlisted for three months  to go to  Schmere Point in  Cambridge and served that time in the state forces and the service of the United Colonies. Daniel Gale of Lynn was Captain and Jacob Ramsdell Lieutenant of the company. 2. In 1778 served two months in Rhode Island as a soldier in Capt Cox's company raised in Salem and Lynn by authority of the state. James Chadwick of Lynn was Lieutenant and Jonathan Sturtevant General. Gen Sullivan was Commander in chief. 3. In 1778 served three months at Winter Hill near Boston to guard Burgoyne's Troops, as a soldier enlisted by the state for the service of the United Colonies. Mr Buffington of Salem was our Captain and Jacob Gernish Colonel of our Regiment. — Storke of Lynn was Lieut of our company. I went from Lynn to Winter Hill the latter part of the year, soon after Burgoyne was taken. 4. In July or August of 1780 I enlisted in Capt Ebenezer Richardson's company for three months and served that time as a soldier in the same at West Point . We went by land to Hudson thence down the River to West Point . Was there at the time of Arnold's treason and Andre's capture. William Tarbox was corporal of the company. The Lieutenant's name I do not recollect.
citizenship

I was born in that part of Lynn now called Saugus in 1757 was about 18 years of age when I entered the service
I was living in Lynn at the time of my enlistment and have lived there ever since the Revolution.
I have no discharge and do not recollect that I ever received any other than verbal ones; and have no Documentary Evidence substantiate my claim and know of no persons, except John Wilkins, Harris Chadwick, Samuel J Mansfield and John Choate who can testify to my services. I am known to most of the elders, people in Lynn am acquainted with the Hon. Ezra Ladd and Elijah Downing Esq. of Lynn and many others who I presume can testify to my character for veracity and their belief of my services 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.
Joseph Rhodes
Sworn to and subscribed the day and year aforesaid
Orville Niles
JUDGE OF PROBATE.
We, Ezra Ladd  Esq. residing in Lynn aforesaid, and Elijah Downing Esquire, a magistrate, residing in Lynn aforesaid, do hereby certify that we are well acquainted with Joseph Rhodes who has subscribed and sworn to the above declaration; that we believe him to be 75 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.
6/54. 14 Aug 1832
Subscribed and sworn to before me
J. L. Ladd Esq. Prob. J.
Ezra Ladd Elijah Downing

And the said Court hereby declares its 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 Ezra Under who has signed the preceding Certificate, is a Clergyman resident in and that the said Elijah Drown who has also signed the same as Magistrate/resident at Salem Lynn and is a credible person, and that their statement is entitled to credit.
D. A. White Judge of Probate
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Rhodes for a pension. and that J. C. Stickney Esq before whom the inclosed Affidavit and Certificate were subscribed and sworn was at the time and now is a Justice of the Peace within the County of Essex and duly empowered to administer oaths.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this fourteenth day of August , A. D. 1832.
Nathaniel Lord Jr.
Signed and sealed on this twenty first day of January, A.D. 1833; with this addition, that J. C. Stickney, whose name is subscribed to the certificates annexed, to the credibility of witnesses, and also following that of Edward D. Bangs, secretary of the commonwealth, is the same Stickney as before, and that the signatures thereon are genuine.
Nathaniel Lord Jr.

No 5422
Josiah Rhodes
Prate
11 Month
$36.66
14.916 ob
12 Jan 1833
J. C. Whitney P 216. Katharine En Lyons Mass

BRIEF in the case of  Josiah Rhodes of the County  of Essex in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 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. As a Gen.     In 1775 — 3 — Private Capt. Gulevici, St. Ramsdell   " 78 — 2 — ditto Capt. Cox, St. Charwell   " 80 — 3 — ditto Col. Gerrish, Capt. Buffington   — 3 — ditto Capt. Richardson  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Lynn —  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

John Sweetser Abbot
for Josiah Rhodes
(No. 3)
9
Winter Hill

Commonwealth of Massachusetts.
Secretary's Office, August 23 rd 1832.
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 Josiah Rhodes served three months and eleven days in Capt A Richardsons Company C. Wades Ngt. commencing July 12 th 1780 Edward D Bangs. Secy
The above certificate has been obtained from the Secy's Office since the declaration made by Josiah Rhodes in open Court and it was not known to him at that time that any record of any part of his service could be found.
Essex Co. Lynn 25 Aug. 1832.
J. L. Stickney

(1) I John Willis of Lynn on oath declare and say, that Josiah Rhodes of Lynn was a soldier in the Revolutionary war - that he was with me at Lechmere Point or Malden Point in the year 1775 as a soldier under the command of Genl Salencia, but how long he was there I do not recollect
John Willis
Essex ss. 11. Aug. 1832. Then personally appeared the above named Willis and made oath to the truth of the above statement by him
Subscribed
before me J. G. Stickney
Essex ss. 19. Jan. 4. 1833.
I the same J. G. Stickney who certify above, truly J. G. Par. further certify that the above document, John Willis is a credible person. J. G. Stickney J. G. Par.

John William Affio for Josiah Rhodes
(No. 1)
Lehmen Point

J. Harris Chadwick of Lynn. Gentleman on oath declared and say that in 1778 I was a Lieutenant in Leahy's Company of Infantry in the service of the United Colonies at Rhode Island - and that Josiah Rhodes of Lynn was a soldier in said Company and served therein during two months.
Harris Chadwick
(2)
Essex ss. 15. Decr. 1832 Then personally appeared the above named Harris Chadwick and subscribed and made oath to the truth of the foregoing statement before me J. L. Stickney Esq. Probate
Essex ss. 19. Jan. 1833. I further certify that the above named Deponent, Harris Chadwick, is a credible person. J. L. Stickney Esq. Probate.

Harris Chaderka/ris
for Josiah Rhodes
(U 10 2)
Rhode Island
James Deane

6/5/45. 1832. Then personally appeared me Samuel Mansfield of Lynn, to me known to be the person described in and who executed the foregoing statement. My commission expires July 19, 1833. John D. Sleeper, Clerk.
2) I Samuel Mansfield of Lynn, boardman when oath declared and say that in the 1778 I enlisted as a soldier in the militia forced to go to Rhode Island. The company was raised partly in Lynn and partly in Salem, the captain whose name I do not recollect belonged to Salem, Harris Chadwick was lieutenant and Thomas Cox ensign - after our arrival at Providence the company being too large was divided and Thomas Cox the ensign was appointed Captain. We proceeded to Providence through Taunton, soon afterwards we went to Liverton and the Lynn soldiers being unphoted acquainted with the water on account of the local situation of their town, were ordered to manage the boats in carrying transporting the army & baggage from Rhode Island to Liverton. We arrived at Liverton the same day that the French Fleet went off. The forces staid a short time at Liverton and afterwards went round to Patuxet and remained there till the expiration of our term of service which was two months in all. Gen Sullivan was the commander of the American Forces. The month spent in Rhode Island campaigns were September and October. I have been acquainted with Josiah Rhodes from boyhood. He enlisted in the Rhode Island service and was to my knowledge a soldier in the same during the whole two months mentioned above. Samuel Mansfield

April 27.
Samuel Mansfield due up for Josiah Rhodes
(No. 2)
Rhode Island

(3).
I John Sweetser of South Reading in the County of Middlesex Yeoman on oath declare and say that I was a soldier in the Revolutionary War at White Hill in 1778 — and that Josiah Rhodes of Lynn was at that time and place a soldier in said War — in Col. Jacob Serrish's Regiment.
John Sweetser
Given Lynn 11. Aug 1832. Then personally appeared the above named John Sweetser and made oath to the truth of the above statement by him subscribed.
J. C. Kimball Jus. Pac.
John Sweetser

(3)
I John Sweetser of South Reading in the County of Middlesex Yeoman on oath declare and say that I was a soldier in the Revolutionary War at White Hill in 1778 — and that Josiah Rhodes of Lynn was at that time and place a soldier in said War in Col Jacob Serrish's Regiment.
John Sweetser
Given Lynn 11. Aug 1832. Then personally appeared the above named John Sweetser and made oath to the truth of the above statement by him subscribed.
J. C. Kimball Jus. Pac.
John Sweetser

30676 REG INVALID.
Feb 4-15-1902 Hon E. W. Roberts H.R.
File No. 30,676
Joseph Rhodes Rev Rev Mr
Act: June 7 th 39 th
Index:—Vol. 2 , Page 338
[Arrangement of 1870.]

No 5422
Josiah Rhodes
forward Certificate to J. L. Stickney Lynn, Mass. Attest  Andrew J. E. Lynn Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Josiah Rhodes which require 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? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes XVI. ‡ Are the papers authenticated as the regulations direct? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes .
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 the 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.
†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 authenticated 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 end 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.