Revolutionary War Pension and Bounty Land Warrant Application File R. 8606, for Ebenezer Rathbun, Rhode Island

SERVICE
R. J
Rathbun Ebenezer. Mary
NUMBER
R. 8606
CONTENTS

State of Rhode Island County of Washington S.S.
At a Private Court held in and for the County and State aforesaid on this 30 th day of July 1855, it is hereby certified that satisfactory evidence has been adduced by the testimony of Theur J. Prandall and Hunkah Palmer residents of said County who are personally known to said Court to be credible witnesses and who were sworn and examined according to law to show that Mary Rathburn who was the widow of Ebenezer Rathburn and who was an applicant for a Pension on account of her husband's services in the war of the Revolution, died on the 30 June 1846, that her husband the said Ebenezer Rathburn died on 2 nd June 1828 - that she left the following named children who are all her children now surviving viz; Christopher Rathburn William Rathburn and Susan Saunders of Westerly - Mary Croft and Frances Burdick of Charles-town and Lydia Palmer all of the County of Washington and Prudy Aye of Hampton Windham Co. Conn.
It is further certified that Bradford Beliveu has been appointed Administrator upon the estate of the said Mary Rathburn and entered into a bond with good and sufficient security in the sum

5710 Mary Rathbun Ebenezer R.I.
Act of July 38
m 90 d 28
8609 Benja Cowell Providence R.I.

State of Rhode Island County of Washington On this 17 th day of June 1839 Personally appeared before the subscriber one of the Judges of the Court of Common Pleas in said County of Washington Mary Rathbun a resident of Westerly in the County of Washington aged 66 years who being first duly sworn according to law doth on her oath make the follow- ing declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 entitled "An act granting half pay and pensions to certain widows" That she is the widow of Ebenezer Rathbun late of said Westerly deceased who as she believes served more than two years in the revolutionary war as a private soldier. She has understood from her said husband and others that he the said Ebenezer served as a guard upon the shore in said town of Westerly against the enemy from the first of April 1776 to the first of December follow- ing a period of eight months and that early in said December her said husband who belonged to the second Company of militia in said town of Westerly in Col. Doyen's Regiment was ordered on duty with said company under Lieutenant Stephen Saunders and marched to Boston neck so called in South Kingstown where her said husband remained and continued to serve in said company against the enemy until the fore- part of April 1777 a period of four months and that in the summer of the same year her said hus- band was again drafted under said Lieut. Stephen Saunders and stationed and served at Point Judith in South Kingstown against the enemy in the grade of a private during two months. And in

the month of January she thinks 1778 her said husband was again drafted in the grade of a private in said company and was stationed at said Point Judith and served one month under Capt John Gove. And in the spring of the same year her said husband was again drafted in the grade of a private in said company and stationed at or near Green Hill so called in said South Kingstown under said Lieut Stephen Saunders where he served two months and in July or August of the same year her said husband was again drafted in the grade of a private in said company and served at Rhode Island one month under Capt John Gove in Sullivan's expedition so called. And in the spring and summer of 1779 her said husband served three months in South Kingstown at a place called Back-side. And in the month of June 1780 she thinks her said husband was again drafted and served one month under William Bliven who thinks and was stationed at North Kingstown near Updike Farm so called and in the autumn of the same year her said husband served two months in Charlestown at a place called Quonocantong neck. After which time in 1781 and 1782 her said husband served many times during short periods upon the shores of Charlestown and Westerly until the war ended. She further declares that she has no documentary evidence in proof of her said husband's service as aforesaid but refers to the evidence herewith transmitted. She further declares

that she was married to the said Ebenezer Rathbun in the town of Westerly on the twenty third day of September Anno Domini 1890 by Joseph Crandal a justice of the Peace and that her said marriage is recorded in the records of said town of Westerly as she has understood. She further declares that her said husband died in said town of Westerly on the first day of January 1828 That she was not married to him previous to his leaving the service but the marriage took place previous to the first day of January 1894 at the time above stated.
George D. Cross Edward B. Biven
Mary X Rathbun mark -
Sworn to and subscribed on the day and year above written before me
George D. Cross Justice Court Common Pleas
I hereby certify that the within named Mary Rathbun by reason of bodily infirmity is unable to appear in court to make the foregoing declaration
George D. Cross Justice Court Common Pleas -

4 I hereby certify that Ebenezer Southwick (Son of Ebenezer Southwick late deceased) and Mary Crandall daughter of Mr James Crandall both of Westerly were Lawfully joined together in Marriage the twenty third day of September Anno Domini One Thousand Seven hundred and ninety By me the Subscriber Joseph Crandall Justice Peace
Entered Nov 13 th D 1790 per David Bliss Town Clerk
State of Rhode Island Washington County } ss. Westerly June the seventh D 1839 I Jesse Mason Clerk of the Town of Westerly in the County of Washington aforesaid do hereby certify that the above is a true Copy of the Records, with the exception of the date of the year which is expressed in full Digital figures as follows (viz) "The twenty third day of September Anno Domini 1790" Certified by Jesse Mason Town Clerk
I Jesse Mason above named depose and say that I hold the office of Town Clerk of the Town of Westerly above mentioned and that the above is a true extract from the Records of said Town as certified by me Jesse Mason
State of Rhode Island County of Washington ss. Charlestown June 7 th 1839 Personally came before me Jesse Mason above named known to me as the Town Clerk of said Town of Westerly and made oath to the truth of the above certificates by him subscribed Dea King Justice Peace

I Sanford Noyes of Westerly in the County of Washington and State of Rhode Island do hereby depose and say that I am 74 years of age and that during the Revolutionary war and long before and afterward I was well acquainted with Ebenezer Rathbun late of Westerly deceased and I know that on the first of April 1776 said Rathbun belonged to a guard stationed upon the shore in said town of Westerly at and about Noyes' Neck so called and said Rathbun served constantly at said station from the time aforesaid until the latter part of the month of December following it being full eight months I also served in said guard with a number of others said guard was stationed at said place by order of my father Col Joseph Noyes and was kept up day and night and Rathbun was a faithful soldier and I believe equal in said war he was 14 or 15 years older than myself. I further say that I am well acquainted with the widow Mary Rathbun formerly the wife of the said Ebenezer Rathbun and know that she has not married since the decease of her said husband he died in said Westerly in the winter of 1828 I think. I further say that the said Ebenezer Rathbun's father died before said revolution -any war and that no other person by the name of Ebenezer Rathbun except the person first above mentioned belonging to said town of Westerly performed any soldiers duty in said war.
Sanford Noyes

State of Ohio, land at Charlestown in the county of Washington April 10 th 1832 on this day personally came before me Rufus Voyes the within named deponent who upon oath by me administered to him gave and subscribed the within dep- osition which was by me taken and reduced to writing I also certify that the said Rufus Voyes is well known to me that he is a person of veracity and his testimony and proceeding deposition are entitled to full credit
Rev. King Justice Pease

I Clarke Hiscox of Westerly in the County of Washington and State of Rhode Island on solemn oath testify and say that I am 78 years of age and in the time of the revolutionary war and after ward I was well acquainted with Ebenezer Rathburn late of said Westerly deceased and I well recollect that sometime in the winter of 1778 I think the month I cannot recollect my father Joseph Hiscox was drafted in the grade of a private and stationed and served at South Kingstown in said County of Washington during one month and that said Ebenezer Rathburn also served in the same company with my father but I cannot now recollect the names of the officers who commanded the company in which my said father and said Rathburn served I did not serve in said company but was at my fathers house during most of said time I am confident said Rathburn did serve one month as a soldier against the enemy I understood so at the time and heard my father talk about it many times after ward Clarke Hiscox
The word serve was interlined before signing
witness Dea King Justice Pease
State of Rhode Island at Charlestown in the County of Washington - April 14 th 1829 On this day personally appeared before me Clarke Hiscox the above named deponent who upon oath by me administered to him gave and subscribed the foregoing deposition which was by me taken and reduced to writing I also certify that the said Clarke Hiscox is well known to me that he is a person of veracity and that his testimony and the foregoing deposition are entitled to credit Dea King Justice Pease

I John Johnson of Charlestown in the County of Washington and State of Rhode Island on oath depose and say that I am 75 years of age and that during the revolutionary war I was well acquainted with Ebenezer Dathburn late of Westerly deceased and I well recollect that in the month of June (1780 I think) I was drafted for one month and served under Capt John Cook against the enemy at a place called Duke Newton in South Kingston and I know that the said Ebenezer Dathburn served as a drafted soldier in a company of militia from said town of Westerly during said month I was intimately acquainted with said Dathburn at that time and he and I quartered in the same house I am not certain who his Commanding Officer was but I think William Brien commanded the company in which said Dathburn served at that time
John Johnson
State of Rhode Island at Charlestown in the County of Washington April 14 th 1839 On this day personally came before me John Johnson the above named deponent who upon oath by me administered to him gave and subscribed the foregoing deposition which was by me taken and reduced to writing I also certify that the said John Johnson is well known to me that he is a person of veracity and that his testimony is entitled to full faith and credit
Dea. King Justin Pease

Stephen Penders of Westerly in the County of Washington and State of Rhode Island do hereby depose and say that I am 90 years of age and that during the revolutionary war and long before and afterwards I was well acquainted with Ebenezer Dathun late of said Westerly deceased said Dathun was about my age and served much in the revolu- tionary war When the war first broke out said Dathun entered into the service in defense of the country with great zeal and in the beginning of December 1776 said Dathun was drafted in the grade of a private with the second company of militia belonging to said town of Westerly in Col Joseph Vose's Regiment and was stationed at Boston neck so called in South Kingstown where he continued to serve against the enemy until the first of April 1777, I was Lieutenant of said company and acted as Captain during the period aforesaid And again in the summer of said year the said Dathun was again drafted in the grade of a private and placed under my command at Point Judith in South Kingstown during two months And again in the month of January I think 1778 said Dathun was again drafted in the grade of a private and placed under my command at said Point Judith where he served against the enemy one month at that time I think I served as Lieutenant under Capt John Gannet And sometime in the spring following the said Dathun was again drafted and served in the company under my command in the grade of a private at South Kingstown near Green Hill so called two months And about the last of July I think of the same year said Dathun was again drafted and served in said com- pany at Rhode Island in the grade of a private under Capt John Gannet one month in Sullivan expedition so called I served as Lieutenant of said

company during said expedition and in the spring and summer of 1779 said Dathun served in said company under my command three months at South Kingston at a place sometimes called the Backside and in the autumn of 1780 said Dathun served in said company under my command at Narragansett neck so called in the town of Charlestown being drafted on the grade of a private during two months said Dathun was drafted and served as a private which during the aforesaid terms of duty and served faithfully
Stephen Saunders
Charlestown in the County of Washington and State of Rhode Island April 4th 1837 On this day personally appeared before me Stephen Saunders the above named deponent who upon oath by me administered to him gave and subscribed the preceding deposition which was by me taken and reduced to writing I also certify that the said Stephen Saunders is well known to me that he is a person of veracity and that his testimony and preceding deposition are entitled to credit
Dea King Justice Peace

State of Rhode Island &c.
Secretary's Office June 29. A 1839.
I Henry Bowen Secretary of said State and Keeper of the Records and the Seal thereof. Do certify, that at the dates of the annexed certificates signed "George D. Cross" Justice Court of Common Pleas" and "Dan King" Justice Peace" the said Cross was an associate Justice of the Court of Common Pleas within the County of Washington: and the said King a Justice of the Peace for the town of Charlestown in the County aforesaid, duly elected and commissioned, as appears of record in my office. In testimony whereof I have hereunto set my hand and affixed the Seal of said State the day and year above written.
Henry Bowen

Act of July 17, 1906, and March 3, 1907.
8606
P. O. _____
Mary Rathbun x
Service: Rathbun
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
x Ad. July 17, 1906
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____, 18

5710 Dr. Benj. Powell; (pay for new line in Jonathan Green; R4236)
Sept 13 '39
Hen B B Thurston Dec 20/54
G. C. Ames Aug 14/55
Same Aug 24/55
ack 7. July 39

Washington August 20 1885
Dear Sir,
Your report of the 14 inst. in the case of Mary Ruthburn taken of a bonanza of R. I. was received a few days since.
In this report you object to the allowance of this claim upon the ground that the alleged service of her husband in 1874 was rendered prior to the recognition of the Coast Guard Service by the General Assembly of R. I. as Military, and that the evidence filed was not sufficient to show independently, of that term, a period of 4 mo.
In support of the first position taken, you state that the Coast Guard Service at (Warwick) Westerly, was recognized as Military by virtue alone of the action of the General Assembly of Rhode Island - and no action of that body legalizing said service was had until July 1877 -
Upon a more careful examination of this subject, it will be found that an order of the General Assembly of that state organizing this service was passed as early as January 1874 and in March of the same year another designating the different towns in which these Guards were to be stationed, are at present
W. C. Drey

Mary Benedict, widow of Ichabod of R.I. in whose papers a copy of these Resolutions will be found has here allowed a full pension for 24 years service a part of which was rendered in 1774. Her husband was a Lieutenant in Capt Joseph Geryans Co of Col Myles Regiment the same Regiment to which Capt Geryans Company in which Richard Dyer was attached. It is clear therefore, that if that service could be recognized as Military alone by the action of the Genl Assembly the Resolution of July 1777, ordering "at the request of the Inhabitants of Westerly, a 12 pound Cannon to be used when needed in that or any other Town on the Coast," was not the first action of that Body legalizing this service. And although the Resolutions of January and March specified this Guard as Artillery, it was a part of the same Regiment and under the Command of the same Officers Col Myles, as that of the Officers under whom Richard Dyer served. I can see therefore no reason for the assumption that the Resolution of July 1777 was the earliest action of the Genl Assembly recognizing the Coast Guard service as Military!
As to there having been a service of 8 months in 1774 is clearly shown by the testimony of more than half dozen Witnesses who were themselves engaged in it. Amongst them are William Blinn, who was Ensign and Lieut under

Capt Galt. Sanford Myers, the Witness in this case, Samuel Galt, David Chapman Nathan Blinn as well as others. They all testify that this Service commenced in March, about the time of the establishment of these several Post of Ennads in the different Towns, and ended in December 1776. This Service has not been denied, That Mr. Rachturn's husband was engaged in this Service, is proven positively by Myers, who swears he served with him. Where claim has lately been examined and where Service for Dyers has been admitted. But you state that "although Myers claims Service in 1776 it was evidently excluded in the consideration of his claim," and that his testimony in Rachturn's case was confined exclusive to that year 1776 and consequently as it was excluded in his own case, his testimony was insufficient to establish that of Rachturn.
By reference to the papers of Myers it will be found that most of the Witnesses in his case confine themselves principally to the Service in 1776 and if he performed as much as Dyers Service Subsequent -ly to July 1777, the Office has to rely mainly upon his own statement to show it. It appears from his own narrative that after the Service under Galt, he was in December 1776 placed in a Special Band under Sergeant Chapman, and continued

therein until Sept 1777. When he left that Special Service and returned to his Company again - being a part of the time engaged in his father's office, Collyer, Lillie, & Disbrey, etc - He states that he continued in Service until 1780. The Guards were disbanded in 1779. - Now under Capt Grevot - Company being engaged in Guard Service, Major Service continued for as much as 2 years exclusive of the year 1776. The Service under that Officer could not have been considered in the consideration of his Claim - his testimony therefore should be allowed as evidence of the Service in 1776 in Ralston's case - As to his not testifying to Service of Ralston, after 1776, that is clearly accounted for by the fact of Major having been engaged in the Special Service under Sergeant Champlaine -
But the Service alleged to have been rendered after the expiration of the 8 months is clearly disproved by the testimony of Lieutenant Darnley, who officer must have been overlooked in the examination of this Case, who had Command of the Company a part of the time and who of course was, in a situation to know. He specifies not only the time of enlistment and duration of the Service term, but the place where stationed which is certainly good evidence for Ralston's case - He knows of no Service making an aggregate of 17 mo for which I think the Case is clearly made out - And although I have generally acquiesced in the decision of your Office I think this case is so well sustained by proof that I must ask a re-examination. My Resp - Yours etc & Servt

Washington August 11. 1855 Hon J. Mingo Sir
I present herewith a Power of Attorney from the Administrator of Mary Rachburn widow of Ebenezer of R.I. asking for the Pension due her under the act of 7 July 1838
Mrs Rachburn alleges that her husband served under Capt Gant of Col Noyes Regiment, 8 mos in 1776 and a number of other times subsequently, and in the aggregate 1017 mos as a private
Her allegation is sustained by the testimony of several witnesses engaged with Rachburn, amongst whom are Sanford Noyes and Stephen Sanary, who was the Serjt. of the Company for most of the time. There are a number of others who are pensioners for service under these Officers, Vtz William Blinn who was Ensign and Captain in Col Noyes Regiment, Nathan Blinn, Sanford Gant, Samuel Chaplin H. myner Roley
But I would call your particular attention to the case of Sanford Noyes, where Widow Martha Noyes, is

Now receiving a Pension under the act of 3 July 1853, not only because of his being a Witness in this Case but for the reason that in his Case the Military Character as well as the duration of the Service under these Officers under whom Ratchum served, has been recently Carefully and thoroughly examined, under the direction of your immediate predecessor and admitted that the evidence showed clearly that Myrs served more than 2 years in a Military Capacity, and that he was entitled to a pension. He had previously been pensioned, but subsequently suspended. Before this examination, however the Arrears due him to his death were paid to his widow who has since been placed herself of the Pension Roll since 3 July 1853. at the same rate of $80 per m.
Myrs was allowed for 2 years service and there is no doubt he, as well as most of those who were with him, received as much as he claimed. but as Mrs. R. has specified that of this only it will be used for her representation to ask for more than she herself claimed. This amount has been clearly established by witnesses who served with her husband, and who have themselves received Pensions, and as the marriage has

been sworn also there can be no possible objection, that I can now see, to the allowance of her claim.
The Certificate of the Probate Court containing the evidence of the date of Mrs. R. death, of the names and numbers of her Children now living, and of the appointment of an Administrator will be furnished me a few days. It was enclosed with the Power of Attorney but it was defective in not having the seal of the Court attached thereto and I returned it for cor- rection.
Very Respectfully Thos. A. Lusk Pro L. Ames

State of Rhode Island } County of Washington } ss
Be it known that before me Gerrish H. Knight, a Justice of the Peace in and for the County aforesaid duly authorized by law to administer oaths personally appeared Bradford Bliven, Adm in the estate of  Adm in the estate of  Resident of  Resident of resident of Westerly in the County and State aforesaid, who being duly sworn according to law, states that children of Mary (Rathburn late of the said Town of Westerly who was an applicant for a Pension under the act of 7 July 1838 on account of the service of her husband Ebenezer Rathburn in the War of the Revolution; that I believe that the United States are still indebted under existing laws for the pension that was due under the application heretofore made and that they are directly interested therein and that for the purpose of investigating and establishing said claims I have appointed Geo. C. Ames of Washington D. C. our true and lawful Attorney, with powers irrevocable to examine into, investigate and establish the said claim to said pension and to do all other acts necessary thereto.

In witness whereof I have on this 30 th day of July 1855 hereunto signed my name and affixed my seal
Witnesses                      Bradford Bliss Administrator Jerah S. Gray W m Potter Jr
Signed, sealed, acknowledged and sworn to before me and I further certify that Bradford Bliss, Jerah S. Gray & W m Potter Jr: are personally known to me and that they are credible persons Dated on the 30 th day of July 1855.
Edw. W. Knight Justice of the Peace State of Rhode Island and Providence Plantations Washington Co                      Clerk's Office Supreme Court
July 20, A.D. 1855.
I Powell Helene Clerk of said Court within and for said County of Washington do hereby certify that Jeremiah W m Knight Esq y is a Justice of the Peace for the town of Westerly in said County duly qualified to act and that his name above written is his genuine signature
In testimony whereof I have hereunto set my hand and affixed the seal of said Supreme Court at South Kingstown the day and year above written
Powell Helene Clerk

Providence July 1 1839
Sir
I herewith enclose the applications of Rachel Barrow widow of Shylock Barrow, & Mary Rathburn widow of Elizabeth Rathburn for pensions under the act of Congress of July 7 1838.
I am respectfully your obt servt Benja Lowell
J L Edwards Esq