Revolutionary War Pension and Bounty Land Warrant Application File S. 30,652, for Seth Phillips, Massachusetts

SERVICE
NUMBER
Mass
Phillips, Seth or Philips
S 306 5-2
CONTENTS

74 Berkshire
15630
Massachusetts
Seth Philips
of Berkshire in the State of Mass who was a Private in the Company commanded by Captain Dewey of the Regt. commanded by Col. Smith in the Mass line for 9 months
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 1 st day of July 1833 and sent to Mr. Bishop Senex Mass
Arrears to the 4th of Mar 1833 $60.00 Sem-ant. allowance ending 4 Sept. 15.00 $75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. Addison Clerk, Book E Vol. 29 Page 65

No 25227
Seth Philips Berkshire County Massachusetts
Prints 9 Months
H.W. Bishop Lenox 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 show 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 Seth Philips Berkshire County Massachusetts
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted June 1776 - 5 - private Genl. Fellows Col Dewey, Col Smith 75 years Berkshire County Traditionary certificate credible { Clergymans certificate - L. Wetmore   Sub - Dec 1776 about 3 - " Col Robinson Massachusetts certificate credible - papers correctly attached.   Drafted June 1777 - 1 - " Col Brown  
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 each 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 days 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 the 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in 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.

Seth Philips Great Barrington U.S. Application for Pension
95227
Philips

Commonwealth of Massachusetts.
COUNTY OF BERKSHIRE, ss.
ON this twenty ninth day of April 1833 personally appeared in open Court before Hon. William P. Walker Judge of the Court of Probate now sitting Leah Phillips " " a resident of Great Barrington
in the county of Berkshire and Commonwealth aforesaid, aged seventy three " 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 7th, 1832:—That he entered the service of the United States under the following named officers, and served as herein stated.
First I enlisted into Captain Stephen Dewey's company of Sheffield in the Month of June 1776 in the Regiment commanded by Col. Smith of Lanesboro in Gen. Fellows Brigade of Sheffield. Our Lieutenant was Ebenezer Beman of Great Barrington. We marched thro' Sheffield Salisbury and Sharon to New York where having staid eight days we came out and were stationed at a place called White Plains. On the 15th of September we marched to the place called Hail Gate, where we met the British landing. We were driven back and went to Fort Washington, then to White Plains. Our company was not engaged in this battle being stationed at a little distance guarding some cattle, but the balls frequently came when we were. We afterwards came to a place called Croton where we remained until we were dismissed having served in this enlistment five months. I then went home and remained until the 11th of December of the same year, at this time Mr. Elisha Sheldon of New Marlboro' had been drafted and the situation of his family being such that he could not go. I took his place in Capt. George Kings company of Great Barrington in the Regiment commanded by Col. Pethbridge. From Granville we went to Great Barrington then thro' Kinderhook to Albany where we staid one night then to Saratoga where we staid the next night. From there to Fort Ann then to Schuylerville which is now called White Hall and then on to Ticonderoga. Here we remained some time engaged in beating fortifications by driving sharp pieces of wood around the fort to prevent the enemy from getting in. We were also engaged part of the time in cutting large pine timber and drawing it by hand to build a bridge across the lake from Ticonderoga to Mount Independence. In this place we remained having buried our Captain until the 16th of March 1777 when our company being dismissed returned home where I remained until about the time Burgoyne came down from the North. In the month of June I was drafted and enrolled in the company commanded by Lt. Hammond the only officer commissioned in it. The commander of the Regiment was Col. Brown from Pittsfield who was afterwards slain by the Indians. We marched thro' Stockbridge Lenox Pittsfield Lanesboro Williams Town Pownal & Barrington to Fort Edward where we were when Ticonderoga was given up, we marched immediately as a guard to protect the provisions that were sent out to the sufferers that were driven from Ticonderoga. When we met at Fort Ann and we returned back to Fort Edward.

the same day. We were at Fort Ann a number of times afterwards once in particular to fill the Creek full of Trees to prevent the approach of Burgoyne. We staid at this time more than a Month and arrived home about the first of August. This concludes My services during the Revolution except that I was afterwards drafted to go to West Point, started and had marched a few days when we were dismissed, the enemy having left West Point I then supposed to be the cause of our return,
  I served in My first enlistment  "  5 Months    do — as a Substitute for Elisha Sheldon  3.  do —    do — as a draft  "  1    Total  9 Months —  
I was born the 17 th day of January 1758 at a place called Solong in the county I think of Dutchess in the state of New York
I know of no record of my age except one that I have in My Family Bible
When called into the service I was living in the town of New Marlboro' in Berkshire Co Mass. I have since lived in the town of Handisfield 9 years, and now reside in Great Barrington where I have lived for more than twenty years —
I entered into the service once by enlistment once as a Substitute for Elisha Sheldon who is not now living and was drafted a number of times
I never received a discharge —
Refer the court to the deposition of Josiah Hammond & Jonathan Smith which are hereto annexed, and also to those of Benjamin Sparreling & Deborah Adams which I took eight months since and I think I sent to the War Office. In proof of My services, and also to the Rev Salus Field and Mr Bela Judah who can testify to their belief of My services in the war of the Revolution.

He hereby relinquishes every claim 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.
Sworn to, and subscribed, the day and year aforesaid.
W.P. Walker J. Probate. Seth Phillips
We, Julius Field a clergyman " " residing in the town of Lee and being the most  nearest clergyman of the applicant Bela Judd residing in Great Barrington hereby certify, that we are well acquainted with Seth Phillips who has subscribed and sworn to the above declaration; that we believe him to be seventy five 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.
Julius Field Bela Judd
Sworn and subscribed the day and year aforesaid.
W.P. Walker J. Probate
And the said Judge do hereby declare his opinion, after the investigation of the matter, and 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 Julius Field is a clergyman resident in the town of Lee in P. County and that Bela Judd who has also signed the same, is a resident in the town of Great Barrington aforesaid. and that their statement is entitled to credit. And the said Judge certifies that the said Phillips can not from bodily infirmity attend the Court, and that he made the foregoing declaration submitted to examination at his dwelling house in Great Barrington in the said County ninth day of April A.D. 1833 .
W.P. Walker J. Probate J. Henry W. Bishop Registrator 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 Seth Phillips for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty ninth day of
April A.D. 1833 - Henry W. Bishop Registrator of Probate.

30652
Pay INVALID.
File No. 30652
Seth Philips
Li Rev m
Act: June 7 th 89 th
Index:—Vol. 2 , Page 321
[Arrangement of 1870.]

I Benjamin Spaulding of Sheffield in the County of Berkshire & Commonwealth of Massachusetts of lawful age do testify & say that I am personally acquainted with Mr Lett Philips of Great Barrington in said County that the said Lett Philips in the year 1775 enlisted with me in a company commenced by Capt Stephen Daway in Colo Smiths Regiment & that he served in that enlistment with me four months during which time we marched from Sheffield to New York
Lev. 27 June. 1832. Benjamin X Spaulding
Witness Franklin Sturgis
Berkshire ss June 27. 1832. Personally appeared Benjamin Spaulding whom I certify to be a credible witness & in my presence subscribed the above deposition &
Commonwealth of Massachusetts.
Berkshire, ss. I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Call Esquire, before whom the annexed deposition was at the taking thereof taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this second day of May A. D. 1833.
Henry W. Bishop Register Probate

I Benjamin Spaulding of Sheffield in the County of Berkshire & Commonwealth of Massachusetts of lawful age do testify & say that I am personally acquainted with Mr. Lette Philips of Great Barr- ington in said County that the said Lette Philips in the year 1775 enlisted with me in a company commenced by Capt. Stephen Daway in Colo. Smiths Regiment & that he served in that enlistment with me for five Months during which time we marched from Sheffield to New York
Seneca 27 June. 1832. Benjamin X Spaulding
Witness Franklin Sturgis
Berkshire ss June 27. 1832. Personally appeared Benjamin Spaulding whom I certify to be a credible witness & in my presence subscribed the above deposition & Made oath to the truth of the same
Before me
Parson L. Hall Just: Peace

I, Zebediah Adams of New Marlboro' in the County of Berkshire of Commonwealth of Massachu- setts of lawful age do testify & say that I am per- sonally acquainted with Mr Seth Philips of Great Barrington in said County & that the same Seth Philips in the year 1776 enlisted with me in a company commanded by Capt Stephen Durey in Colo Smith's Regt & that he served under that enlistment with me five months during which time we mar- ched from Sheffield to New York.
Sheffield 27. June. 1832. Zebediah his Adams Mark
witness
Franklin Sturges
Berkshire ss June 27. 1832. Personally appeared Zebediah Adams whom I certify to be a credible witness and in my presence subscribed the above deposition & made oath to the truth of the same. Before me P. L. Hall Just. Peace

Josiah Harmon of New Marlborough in the County of Berkshire and Commonwealth of Massachusetts aged seventy five years being duly sworn do on oath depose and say that he enlisted and on the fifteenth day of December 1776. marched as a private in the Company of Militia commanded by Capt George King of Great Barrington in which company Solomon Dearing of Canad- field in said County was 1 st Lieut. and Eli Hearnman of New Marlbor- 2 nd Lieut. and in the Regiment commanded by Col. Simons of Williamstown in said County we marched through Great Barrington Pinesbrook to Albany thence through Saratoga to Fort Ann thence to Skeneateles now called White Hall thence to Lincenberga where our Captain died and where we remained till the sixteenth day of March 1777. when our company was discharged and we returned home - And the Deponent further says that in early life he was well acquainted with Seth Phillips now residing in Great Barrington formerly resident in said New- Marlborough and that the said Seth Phillips marched in the same Company with himself and at the same time and remained in said Company till we were discharged as aforesaid. and he performed the term of service being three months and we returned home together the said Phillips is about my age I believe a little younger  Josiah Harmon
Commonwealth of Massachusetts Berkshire County } ss.
Commonwealth of Massachusetts.
Berkshire, ss. I. HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Benjamin Sheldon Esquire, before whom the annexed deposition one was at the time of the taking thereof taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well ac- quainted with his hand writing, and have no doubt that the Sig- nature annexed to said deposition is genuine.
In Testimony whereof I have hereunto set my hand and affix- ed the seal of said Court this first _____ day of May
A. D. 1833.
Henry W. Bishop - Reg t Probate

Josiah Harmon of New Marlborough in the County of Berkshire and Commonwealth of Massachusetts aged seventy five years being duly sworn do on oath depose and say that on he enlisted and on the fifteenth day of December 1776. marched as a private in the Company of Militia commanded by Capt George King of Great Barrington in which company Solomon Deming of Sandis- field in s d County was 1 st Lieut. and Eli Harmon of New Marlborough 2 nd Lieut. and in the Regiment commanded by Col. Simons of Williamstown in s d County We marched through Great Barrington Kinderhook to Albany thence through Saratoga to Fort Ann thence to Skene'sboro' now called White Hall thence to Tienderoga Where our Captain died and where we remained till the sixteenth day of March 1777. when our company was discharged and we returned home. And the Deponent further says that in early life he was well acquainted with Seth Phillips now residing in Great Barrington former d last formerly resident in said New- Marlborough and that the said Seth Phillips marched in the same Company with himself and at the same time and remained in said Company till we were discharged as aforesaid. and he performed the term of service being three months and we returned home together The said Phillips is about my age I believe a little younger  Josiah Harmon
Commonwealth of Massachusetts
Berkshire County } ss.
New Marlborough February 22. 1833. Then personally appeared before me the above named Josiah Harmon a person to me well known and who is a credible witness and made solemn oath to the truth of the foregoing Depo- sition by him subscribed in my presence.
Benjamin Sheldon Justice of the Peace

Jonathan Smith of New Marlborough in the County of Berkshire & Commonwealth of Massachusetts aged seventy four years being duly sworn do on oath depose and say that he was drafted in the Revolutionary service the fore part of December 1776. and marched about the middle of Dec r Dumbarton in the Company of militia commanded by Capt. George King of Great Barrington in the County of Berkshire in which company Solomon Dunning of Lanesville in the County was 1 st Lieut. and Eli Housman of New Marlborough was 2 nd Lieut. and in the Regiment commanded by Col. Simons of Williamstown in the County. We marched through Great Barrington Pitsfield to Albany then through Saratoga to Fort Ann then through Skeneateles to Ticonderoga to New Garrison and remained there till the sixteenth day of March 1777. When our Company were discharged having served the full term of three months the time for which we were drafted and we returned home and the deponent further says that he is well acquainted with Seth Phillips and in 1776. in the spring of that year the deponent moved into New Marlborough and into the neighborhood of said Seth Phillips and that he has ever since been well acquainted with him and that the said Phillips marched in the same company with himself to said Ticonderoga and remained in said company till we were discharged and performed the same time of service nine months and returned home together. In the month of June 1777. I was drafted and marched in the Company of militia commanded by Lieut. Eli Housman in the Regiment of Col. Warren of Sandisfield. We marched through Great Pittsfield & Bromington to Fort Carend to oppose the British army under Burgoyne and the said Seth Phillips went in the same company with him in this term of service and staid over month the time for which we were drafted and returned home. The said deponent enlisted as a volunteer and staid a while longer - JONATHAN SMITH said Phillips is about my age
Com. of Massachusetts } Jo.
Berkshire County -
New Marlborough February 22.
1833. Then personally appeared the above named Jonathan Smith a person to me well known to be a credible witness and made solemn oath to the truth of the above deposition before me subscribed in my presence before me Benjamin Sheldon Justice of the Peace