Revolutionary War Pension and Bounty Land Warrant Application File S.15201, for James Rathburn, Rhode Island

SERVICE
NUMBER
R.d.
Rathburn, James or Rathburn
S 15201
CONTENTS
buried

129 New York
James Rathbun *
of Otsego. in the State of N York who was a private in the Com. Z. commanded by Captain Gibbs. of the Reg't commanded by Col Stanton. in the R. I. time for 15 Months
* or Rathburn
Inscribed on the Roll of N York at the rate of 50 - Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 15 — day of May 1839. and sent to Morris Brown Cooperstown N York
Arrears to the 4th of March 1839. $ 100.00 Semi-ant. allowance ending 4 Sept. 1839. $ 25.00
$125.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Payton Clerk, Book E. Vol. 4. Page 13.

James Rachburn
23385

Samuel S. Bourne and John Cook of the town of Laurens County of Otsego & State of New York hereby certify that we are well acquainted with James Rathbun who has subscribed and sworn to the foregoing declaration that we believe him to be Seventy Eight 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.
Samuel S. Bourne
Sworn & subscribed the day and year aforesaid by John Cook in open Court H. Lathrop. Clerk S. S. Bourne affirmed by James A. Morris
John Cook
And the said Court do hereby declare their opinion after the matter 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 Samuel S. Bourne and John Cook who have signed the preceding certificate are residents of the said town of Laurens and are credible persons and that their statement is entitled to credit.
J. A. Morris } Judges S. Page } James C. Mansfield }
State of New York Otsego County ss. I Horace Lathrop Clerk of the Court of Common Pleas of said County do certify that the foregoing contains the original proceedings in the matter of James Rathbun for a Pension Intestimony whereof I have hereunto set my hand & seal of the Court of Common Pleas of said County this 19 th day of Oct r 1832.
Horace Lathrop By J. R. Clegg Deputy

State of New York Otsego County ss.
On this sixteenth day of October 1832,
personally appeared in Open Court before the Judges of the Court of Common Pleas now sitting James Rathbun a resident of the town of Laurens of County of Otsego and State of New York aged Seventy eight 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 th 1832, That he entered the service of the United States as herein stated under the following named officers and served as herein after stated,
That he enlisted under Captain Josiah Gibbs Col. Joseph Stanton Command at Greenwich in the State of Rhode Island in the fall of 1776. for the term of fifteen Months. and that he served said fifteen months which expired sixteenth of March 1778. during which time he was in several skirmishes, but in no regular battle. and during which time Col. Joseph Stanton received the appointment of General John Phipham Colonel, That he was stationed at Howland's Ferry in said State. That he was born in and resided at the town of Westport, County of Washington & State of Rhode Island at the time he enlisted. That he never received any written discharge. That he has no documentary evidence by which he can prove said services,
That there are some witnesses residing in the north part of this County by whom he thinks he could prove said services. but that he is feeble in health and is not able in a pecuniary point of view to look up said witnesses and procure their evidence. That for the last thirty four Years he has resided in the town of Laurens Otsego County. That he has no record of his age. but that the same is recorded in the town where he was born. That he never was placed on the pension list of the United States nor did he ever receive any compensation for his services, and he relinquishes all claim to any pension or annuity except the present. Nor is he on the pension roll of any
James Rathbun
State in Open Court Oct 15. 1832
J. O. Moore First Judge of Otsego County

District of New York
Onego County ss
On the 20th day of December 1821 Personally appeared in Open Court being a Court of Record for the County aforesaid James Rathbun of the town of Laurens and County aforesaid Aged Seventy, Being who being first duly sworn according to law, took an oath and made the following declaration in order to obtain the provision made by the acts of Congress of the 18th March 1818, and the first of May 1820. That the said James Rathbun enlisted in the fall of the year 1770, for 18 months in the State of Rhode Island in the Company Commanded by Captain Josiah Gibbs in the Regiment Commanded by Colonel Stantons in the line of Rhode Island on the Continental establishment. That he continued to serve in said Corps until the 16th day of March in the year 1778, when he was discharged from the said service at Trenton by Colonel Barton.  And in pursuance of the act of the 18th of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th March 1818 and that I have not since that time by gift sale, or in any manner disposed of any property or any part thereof with intent thereby to diminish it to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18th day of March 1818. And that I have not nor has any person in trust for me any property securities contract or debts due to me nor have I any other income than what is contained in the schedule hereto annexed and by me subscribed. I have no real estate, I have 8 chairs, 3 tables, 2 chests and one trunk worth $10.00  3 Pails, 2 Barrels 2 Casks 3 Baskets worth 4.00  1 Iron Pot 1 Kettle 1 Brass Kettle 3.00  6 Caks and saucers 6 Tin Pans 6 Spoons  6 Knives & Forks Bellows 1 Iron Tuskans 6.00  2 fine Shovels, 1 P. Buggs worth  1 Pig and Sissors worth 1.50  $24.50

Sworn and subscribed in open Court in the Court of Oyer and Terminer and General Goal delivery of the County of Orege this twenty first day of December 1824 before me William Nichols Clk
Mrs. Ratchburn
The Court appraise the total Amount in value of property set forth in the foregoing Schedule of James Ratchburn at twenty four dollars and fifty cents signed in Open Court the 21 st day of December 1824
Samuel Nelson, Circuit Judge of 6 th Circuit
Orege County Clerk's office
I William Nichols Clerk of the aforesaid County and the of the Court of Oyer & Terminer & General Goal Delivery for said County Do hereby certify that the foregoing is truly copied from the original remaining on file in this office given under my hand and seal of said Court this 21 st day of December 1824.
William Nichols Clk

J. Rathburn
8605

Otsego County ss—
William Davis of the town of Brookfield County of Madison & State of New York after being duly sworn deposeth and sayeth that James Matthew the person hereby applying for a pension was a soldier in Capt Josiah Gibbs company in the year one thousand seven hundred and Seventy Seven in the Rhode Island line of service under Lieut Col l Hawkins and Col l William Barton but the term of time he the said Matthew served the deponent does not know and further the deponent sayeth not
W m Davis
This may certify that on the 8 th day of November 1826 came before me the above named W m Davis and was duly sworn as aforesaid
Joshua Babcock Justice Peace
Otsego County ss
Theodota Johnson of the town of Mainfield County aforesaid after being duly sworn deposeth and sayeth he knows James Matthew and that he was in the company of Capt Josiah Gibbs in the Revolutionary war and knows him to be the same James Matthew who served as above under Col l William Barton and that he thinks he served nine months or more in Capt Gibbs company as aforesaid and further the deponent sayeth not
Thier Johnson
Sworn to before me this 9 th day of November 1826 Joshua Babcock Justice Peace

This may certify that we are acquainted with The adota Johnson & William Davis the within deponents and believe them to be men of truth and veracity
Nov 9 th 1824
Joshua Babcock
Otsego County Elks office. I William Nichols Clk of the County of Otsego Do hereby Certify that Joshua Babcock Esq r before whom the foregoing depositions were taken & whose signature appears to the same and the foregoing Certificate was on the day of the date thereof a Justice of the Peace in and for the County of Otsego duly Com- -ssion'd and sworn
Given Under my hand and The seal of the Court of Common Pleas of Said County this 24. day of January 1825
William Nichols Clk

23365
James Rathbourn New York
[Faint, mirrored bleed-through signature]
Morris V Brown Copenhagen New York

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 James Rathbun Albany County New York
   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.     Enlisted 1776 1 3 — Capt Gibbs Capt Stanton Several skirmishes Greenwich Rhode Island Newland Jersey 78 years Westport Washington County Rhode Traditionary evidence Certificate of 20 years knows of no living witnesses  
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 oath 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 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.

✓ 15.201 INVALID.
File No. 15.201
James Rathburn or Rathburn Re New War
Act: June 4 th 32
Index:—Vol. 1 , Page 309
[Arrangement of 1870.]

19,556
James Rathburn, Otsego Co. N.Y.
John Russell, Cooperstown, N.Y.
Rec d 5 Feb. 1825.
Rejected see letter 11. March 1825

86005.
P. O. _____
James Nathanburn
Service: _____
See soldier admitted, file 15 201
Enlisted: _____, 18 .
Discharged: _____, 18 .
REJECTED
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
1818 - n-y
J. Russell Feb 5, 1825
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .