Revolutionary War Pension and Bounty Land Warrant Application File S. 30601, for Josiah Morton, Massachusetts

SERVICE
NUMBER
Mass
Morton, Josiah
S. 30601
CONTENTS

10300
Massachusetts
Isaac Morton
of My insertion the State of Mass who was a Private in the Company commanded by Captain Butts of the Regt. commanded by Col Roots in the Mass line for 20 months
Massachusetts
scribed on the Roll of Isaac Morton at the rate of - 66 - Dollars 66 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 12 th day of Sept r 1833 and Sept 1840 Isaac Morton
Arrears to the 14th of March 1835 $133.33 Semi-annual allowance ending 1 st Sept r 33.33 $166.66
{ Revolutionary War, } { Act June 7, 1832. }
Recorded by W. H. Atkinson Clerk, Book 52 Vol. 52 Page 52
79
Physick
d. Aug 30. 1837

23093 Josiah Morton
Depositions
Andrew Sampson
Wm Morton
Saint Lucas

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this 14th day of Augt 1832, personally appeared in open Court, before Solomon Strong Judge of the Court of Common pleas now sitting at Plymouth within and for said County of Plymouth. Jerick Morton a resident of Plymouth in said County of Plymouth, and Commonwealth of Massachusetts, aged seventyseven 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. 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. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
I was born in 1754, in Plymouth the in Massachusetts, where I have always lived but know of no record of my birth. In 1776 I enlisted at Plymouth under Capt. the  Jerick Morton & marched thro Taunton to Providence. Thence descended by boats down Providence river to Bristol in Rhode Island and served out the two months there. I was a private in this campaign. Have no discharge, & know of no one who was with me. In the same year I enlisted at Plymouth, under Capt. Morton, & served six months at the fort on the Gurnet, at the entrance of said Plymouth harbor. See deposition of St Andrew Sampson . In 1777 I again enlisted as private under Capt. Elkanah Washburn , & served six months at Cambridge in Massachusetts, guarding the troops of the convention captured with Burgoyne. See Wm Morton's deposition.
In 1778 I again enlisted at Plymouth, under Capt. Curtis' Col. Jacob's Regt. & served a private in his company six months in Rhode Island. See Wm Lucas' deposition. I have no discharge for either of these terms, nor

nor am I able to determine whether they were State, or Continental service
At the battle on Rhode Island, I was in the Reserve; I saw the battle, & helped bury the dead. The battle was on Saturday, the next Sabbath we threw up an intrenchment, & that night came off the Island at Howlands ferry
For character I refer to the venerable Dr James Thacher, & Lt. Col. Major, Joseph Thomas, both of Plymouth, & veterans of the Revolution. My name is on the pension
roll of no State, & I renounce all pension but the present.
Josiah Morton
Sworn to & subscribed on the day & year aforesaid before the Comt of Common Pleas
Attest W. M. Minnis Clerk

We, James Kendall a clergyman, residing in the town of Plymouth and Thomas Russell, Post Master , residing in the same town hereby certify, that we are well acquainted with Josiah Morton who has subscribed and sworn to the above declaration; that we believe him to be 77 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.
James Kendall Thomas Russell
before the Court of Common Pleas 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 James Kendall who has signed the preceding certificate, is a clergyman, resident in the town of Plymouth and that Thomas Russell who has also signed the same, is a resident in the Town of Plymouth and is a credible person, and that their statement is entitled to credit.
By order of Court J. W. Mansfield
I, J. W. Mansfield Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Morton for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this seventeenth day of August in the year of our Lord one thousand eight hundred and thirty two
J. W. Mansfield

23093 Josiah Norton Mass
~P. 20 Months
MC
Hon. L. C.aps Jr Hon. J. L. Adams
Prof. Thomas 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 subjjoined 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. These 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, shewing the Service of Peter Green Josiah 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.     Vol. 1776 2 6 pr Col Hartford Moor Moor Taunton 77 yrs traditional   1777 6 Boston Providence Plymouth 14. Witness   1778 6 Washburn con R Bristol Mass   Curtis Jacob Island Rhode   Garnet   Fort   Rhode Island  
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 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule fn 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.

30.601 Ray INVALID.
File No. 30.601
Josiah Morton Rev Rev War
Act: June 1 st 39 th
Index:—Vol. 2, Page 284
[Arrangement of 1870.]

Commonwealth of Massachusetts
Witnesseth I Nathaniel Clarke of the judicial courts for the County of Plymouth, hereby certify, that Sachem Bartlett Esquire before whom the depositions herewith annexed were sworn is a justice of the Peace for the County of Plymouth, and that his name thereunto sub- scribed is his true & proper signature
In testimony whereof I have hereunto set my hand and affixed the seal of the Supreme Judicial Court on this first day of January A.D. 1833
Nathaniel Clarke

Wm Morton
for Josiah Morton
5 x 5 mos
Josiah Morton

I William Lucas of Kingston, Massachusetts 77 years of age, a soldier in the war of the re- volution in Rhode Island, for 6 months in Captain Curtis company, I suppose conti- nental service, in Colo Jacobs' Regt. I believe in 1778, testify, that Josiah Morton of Plymouth Massachusetts, was a private in the same company, the same term, & believe he was regularly discharged for we came from camp in company. I also distinctly re- member it was within a few days of the wreck of Capt. Magee in Plymouth harbor and the date of this event is easily ascertained
William Lucas
Plymouth Sp. Massachusetts - July 19/83
Then said William Lucas subscribed & made oath to the truth of this deposition, & I declared him a credible witness
Zachary Bartlett Just-officiated
178

I Andrew Sampson of Duxbury, in Massachusetts was a Lt in the war of the Revolution at the Grevate in Plym- outh harbor in said State under a commission from the honorable coun- cillors of said State, then acting as executive councillors of said State, dated the first day of July 1776, & in a company commanded by W m Weston, testify, that I well remember Josiah Morton of Plymouth Massachusetts a private in said company; this service was for six months, & I have no reason to doubt that he served dur- ing said term
Andrew Sampson
Massachusetts - Plymouth July 23 1832
Then said Andrew Sampson subscribed and made oath to the truth of this deposition, & I believe him a credible witness. I further certify, that I read & examined his said commission the day aforesaid
Zacheus Bartlett
Justice of peace

Sam Lucas for Robt Morton 6 mos. Cop & Custody 1778
ii 1/2 1/2 1/2
1/2
1/2
1/2 1/2 1/2 1/2 1/2 1/2 1/2 1/2
[Faint mirrored handwriting from the reverse side of the page]

I Samuel Lucas of Concord in Massachusetts, Testify that I was a soldier in the Revolution for six months in Rhode Island in Capt Calvin Lurtis' company, & well remember that Josiah Morton of Plymouth, now applying for a pension, was for the same term in the same company. in the year 1778.
Samuel Lucas
Massachusetts - Plymouth p Aug 15 - 1832
Then said Samuel Lucas subscribed & made oath to the truth of this deposition
Zachary Bawdett Just-office
for I further certify that said deponent is a credible witness.
Zachary Bawdett Justice office

I William Morton of Plymouth, Mass of Massachusetts, testify, that Josiah Morton of the same Plymouth was a private in Col. Eben d Washburn's company in the war of the Revolution at Cambridge garrison the troops of the convention. viz, those captured with Burgoyne. & I always have believed from his statement, that he served under that enlistment six months. My recol- lections are clear upon this subject, be- cause I took his place in the company for fourteen days, while he visited his home.
I further state, that 'tis my belief, as he stated to me after his return from another campaign, that he served six months in said army at Rhode Island, but I am unable to declare at what duty he performed said services. And I further declare, that no doubt can be raised against his character for truth, in the his native town, where he has lived near four score years.
William Morton
Plymouth, in Massachusetts July 13 1832 Then said William Morton subscribed & made oath to the truth of this deposition, & he is a credible witness. Zacharias Bartlett Justice of Peace

St-Albans July 10 th /05 Mrs Chandler Enclosed

St. Albans Vermont - July 15 th 1905
Will you send me a certified copy of war record of John Morton, and oblige
Hannah Blake Morton (Mrs. H. G. Morton)

John Morton's War Record 0 John Morton appears with rank of private on Muster and Pay Roll of Capt. Abner Brown's Co., Col. Ebenezer Whitcomb's regiment; for service at Rhode Island. Enlisted Aug. 1 st 1780. Discharged Aug. 9 th 1780. Roll dated at Middleboro Jan. 22 nd 1781.
Vol 1 page 57
John Morton appears with rank of private on Muster and Pay Roll of Capt. Henry Pierce's Co., Col. Theophilus Cotton's Regiment Enlisted March 8 th 1781, Discharged " 31 st
Served on 40 days expedition to Rhode Island by order of Gov. Hancock. Vol 3, page 49

W. 27,452 Mass.
John Norton was born in Middleborough Mass.
Dec. 25 th 1763 1755
Died in
Salisbury Vermont
Dec. 28 th , 1857 1833
1763
114