Revolutionary War Pension and Bounty Land Warrant Application File S. 11379, for Joshua Shaw, Massachusetts

SERVICE
NUMBER
Mass.
Shaw, Joshua
S. 11379
bearded
CONTENTS

10.877. Miss Hampshire Joshua Shaw
of Lockport in the State of N.Y. who was a Private in the Company commanded by Captain [blank] of the [blank] commanded by [blank] in the [blank] line for [blank]
★ Mass. Line. (1812-1814) Records corrected
Inserted on the Roll of [blank] at the rate of 36 Dollars 66 Cents per annum, to commence on the 24th day of March, 1831.
Certificate of Pension issued the 1 st day of May 1830 and sent John [blank] Kelly [blank]
Arrears to the 24th of March 1831 $75.32 Pension, allowance ending 2 Sept 1831 18.33
$91.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by [blank] Clerk Book [blank] Vol. 1 Page 118

John Shaw V Sanjourio
Printed 11 Mar
36,66
22,26
John Kelley E Essex NH

66  BRIEF in the case of Joshua Shaw  of Rockingham  in the State of N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court,  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     July In 1795 5 25 Private Gen. Baggotwell Col. Gerrish   " 1796 " 6 " Gen. Johnson Highsworth  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Co Rockingham N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Dwyer
Examining Clerk.

Joshua Haw's Application for Pension
22120
Communication relating to this Application may be made to John Kelly neg. Estate Ephraim St.

State of New Hampshire Rockingham County ss.
On this ninth day of January A.D. 1833
personally appeared in open court before the court of Probate now sitting at Exeter. within and for said County of Rockingham Joshua Shaw a resident of Sandown in the County of Rockingham and State of New Hampshire aged seventyfive years in the month of December last past, 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 bonus, passed January 1832. That he entered the service of the United States under the following named Officers and served as herein stated. That he the said Joshua Shaw enlisted as a private soldier at Winterhill in the Commonwealth of Massachusetts the next week after Bunkerhill battle, being about the twenty-third day of June 1775 with captain Thomas Cogswell of Haverhill of said Massachusetts for the term of five months, that he served as a private soldier in said captain Thomas Cogswell's company of Infantry and Colonel Gerrish's Regiment at first, but afterwards the Regiment was commanded by Colonel Leammi Baldwin, until the month of December 1775 when he was discharged at a place called Sewall's point in Dorchester near Boston in said Massachusetts. Also the said Joshua Shaw further declares that he enlisted as a private soldier with captain Samuel Johnson of Andover in said Massachusetts at said Andover about the first day of July 1776 for six months which company was attached to, and belonged to Colonel Weaglesworth's Massachusetts Regiment of Infantry, that he marched with said company and Regiment from said Andover immediately after said enlistment through the State of New Hampshire to (Number four) now Charlestown on Connecticut River in said New Hampshire and there crossed the Connietical river and marched to a place called Otter creek in the State of Vermont and from thence through New Rutland to Ticonderoga in the State of New York and was stationed at Mount Independence and Ticonderoga under the command of General Gates and General Bricket of Haverhill Massachusetts until the last of December 1776. General Gates was commander in chief at Ticonderoga, said captain

Samuel Johnson's company was broken up the last of December 1776 and he the said Joshua Shaw was honorably discharged at said Lincaster at the time his company was broken up having served out his enlistment about two hundred miles from home he the said Joshua Shaw further declares that he resided in the town of Sandown, County of Rockingham and State of New Hampshire when he entered the service at both of the before mentioned enlistments that he has no documentary evidence and knows of no person whose testimony he can procure except the annexed depositions of Jacob Elliot and Phillip Bagley.
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.
Joshua Shaw
Sworn to, and subscribed the day and year aforesaid.
John Kelly Reg d Probate
And the said Court does hereby declare the 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.
John Harvey Judge of Probate
I John Kelly Register of Probate for the County of Rockingham and Clerk of the said Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joshua Shaw for a Pension
In testimony whereof I have hereunto set my hand and the seal of said Court this ninth day of January A.D. 1833
John Kelly Reg d Probate

I Jacob Elliot of Chester in the County of Rockingham and State of New Hampshire aged seventy six years in the month of November last past testify and declare that I enlisted as a private soldier in the Company commanded by Captain Thomas Coggeswell of Haverhill in the Commonwealth of Massachusetts and Colonel Gerrish's and Colonel Loammi Baldwin's Massachusetts Regiment in the Month of May 1775 for the term of eight months and served out said enlistment in the Vicinity of Boston in said Massachusetts being stationed at Brookline at a place called Sewall's point, most of the time, after Bunkerhill battle. I well recollect Joshua Shew who is now present and lives in the town of Dunbarton in said County of Rockingham. That said Shew served as a private soldier in said Captain Thomas Coggeswell's company with me during the campaign of 1775. but I do not recollect whether he served the whole campaign or not I know that said Shew served part of the campaign and was a faithful soldier and believe he served from the last of June 1775 to late in the fall of 1775 Chester September 15 th 1832. Jacob Elliot
State of New Hampshire Rockingham County ss.
Then personally appearing the above named - Jacob Elliot made solemn oath that the above deposition by him subscribed is just and true Before me
Samuel Aiken Justice Peace,
I certify that I am personally acquainted with Jacob Elliot above named that he is a credible witness and his statement is entitled to belief
Samuel Aiken Jus. Peace,

State of New Hampshire County of Rockingham ss I John Kelly Register of Probate for said County and Clerk of the Court of Probate, do hereby certify that Samuel Aiken is a Justice of the Peace in and for said County and that his signatures to the within certificates are genuine and in his own hand writing
In testimony whereof I have hereunto set my hand and the seal of said Court This tenth day of January AD 1833
John Kelly Reg: Probate

State of New Hampshire County of Rockingham ss I John Kelly Register of Probate for said County and Clerk of the Court of Probate, do hereby certify that Samuel Aiken is a Justice of the Peace in and for said County and that his signatures to the within certificates are genuine and in his own hand writing
In testimony whereof I have hereunto set my hand and the seal of said Court This tenth day of January AD 1833
John Kelly Reg: Probate

I Philip Bayley of Andover, in the county of Essex, am Commonwealth's Attorney, and do hereby certify that I have been admitted to the bar of the several courts of the Commonwealth, and have been duly qualified as such Attorney. I further certify that I have been admitted to the bar of the several courts of the Commonwealth, and have been duly qualified as such Attorney. I further certify that I have been admitted to the bar of the several courts of the Commonwealth, and have been duly qualified as such Attorney.
Newburyport, September 18th 1832.
Philip Bayley
Commonwealth of Massachusetts
Essex ss. On this day personally appeared Philip Bayley, known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed.
Witness my hand and the seal of said court at Salem September 19, 1832.
Commonwealth of Massachusetts
Essex ss.
I John Prince Jr. Clerk of the Court of Common Pleas in said County do hereby certify that T. Ward is a Justice of the Peace in said County & that I believe his signature above is genuine.
Witness my hand & the seal of said court at Salem September 19, 1832.
John Prince Jr. Clk.

Rehman ✓
11340 INVALID.
File No. 11329
Joshua Shaw Pr. New York
Act: June 7th 52
Index:—Vol. a , Page 339
[Arrangement of 1870.]

B R I E F objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Joshua Shaw 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes XVI. ‡Are the papers authenticated as the regulations direct? Yes 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.