Revolutionary War Pension and Bounty Land Warrant Application File W. 21923, for Stephen Paine, Rhode Island

SERVICE
NUMBER
R.d
Paine, Stephen Ethiah
N. 21923.
CONTENTS

4940. White Island
Eliziah Paine, dec? widow of Stephen Paine who died on the year 1812 of R.I. in the State of R.I. who was a Lieut in the Comp y commanded by Captain Winder of the Reg t commanded by Col. Brown in the line for
Inscribed on the Roll of Providence at the rate of 80 Dollars 00. Cts per annum, to commence on the 11 th day of March, 1831, & end July 1. 1837 when she died.
Certificate of Pension issued the 26 th day of March 1837 and sent to J. G. Barrat, Present.
Appears to the list of Semi-annual allowances ending Payable to only surviving children - viz.
See back of this file Revolutionary Claims, Act July 4, 1836, Section the
Recorded by Book
J. B. Chase Clerk Vol. 2 Page 357
Reported
Surviving children
 Thomas Paine  Joseph Paine  Nanni Paine  George W. Paine  Robert Paine  Mary Paine  Stephen Paine 

State of Rhode Island On this 5th day of June 1847. County of Providence. Personally appeared in Open Court being the Court of Probate for the Town of Glo- cester in said County and a Court of Record Joseph Paine & George H. Paine who make the following declaration in order to obtain the arrears of Pension due to Elstheah Paine late of said Gloucester deceased widow of Stephen Paine formerly of said Gloucester deceased to wit, - Said undersigned declare that the said Stephen their father was a Unitarian and in the war of the Revolution & died in January A.D. 1812, that their mother the said Elstheah lived as his widow until her death July 1 - 1837, that at the time of her death the undersigned & the other children as certified in the certificate of the Court of Probate hereto annexed, were the only children who were living at the time of their mother's death. Wherefore they claim for themselves & for the other children all arrears of Pension which were due to their mother at the time of her death under the act of Congress of July 4th 1836. and they request that an Order may be made to pay the same to them. Asst C M c Bellows } George W. Paine Joseph Paine mark

At a Court of Probate held in and for the town of Gloucester in the County of Providence the 5 th day of June A. D. 1827.
I hereby certify that the with in named Joseph Paine and George W. Paine appeared in open Court and duly signed and swore to the within declaration: and that it was ordered by the Court to be certified, that they said Joseph and George W. are credible persons and their statements entitled to credit.
Witness B. H. Paine S t Clerk
(Faint, mirrored text from the reverse side of the page)

I Joseph Paine of Gloucester in the County of Providence in the State of Rhode Island on Baths do testify & say that I am now in the Seventieth year of my age that I am the fourth child of Stephen Paine late of said Gloucester & Elathea his wife. My brother Thomas now living is in his seventy third year and Daniel & Sally were older than he & both died before my mother and I further testify that my father died on the sixth day of January A.D. 1812 & my mother then lived as his widow until the first day of July 1837 when she departed this life. At the time of her death she left the following children to wit. Tho- mas Paine and myself, Naomi Paine, George W. Paine, Robert Paine & Mary Paine all of said Gloucester & Stephen Paine of Bolton in the State of Connecticut. And I further testify that my father was an Officer in the war of the Revolution & served as a Lieutenant I believe through all the war I have frequently seen his Commissions but they are now lost. I have heard my father & mother both speak of his services My father used to say he always went when it came to his turn Joseph Paine

State of Rhode Island
Providence ss April 20th 1847
Personally appeared before me the within named Joseph Davis & made oath to the truth of the within deposition by him signed & I further certify that I have been acquainted with him personally for twenty five years & he is a man of integrity & a credible witness
Emerson Smith Justice of Peace
[Faint, mirrored bleed-through text from the reverse side of the page, mostly illegible]

I Anna Paine of Gloucester in the County of Providence & State of Rhode Island Aged Ninety Two Years on Oath do testi- fy & say that I was well acquainted with Elettheah Paine late of said Gloucester Dece- ased the widow of Stephen Paine an Of- ficer during the war of the Revolution I have a distinct recollection that said Stephen married her before the Revolutionary War - Her name before her marriage was Elettheah Saunders - She always lived in our neighborhood - he was my husband's brother - She said Elettheah died about nine years ago - I have also a distinct recollec- -tion that said Stephen was a Lieut. in Capt. Winsor's Company & was often called upon to do duty & he often went. But I can- -not say how many times - Said Stephen left a number of children the oldest of which now living is about seventy two years old - I was not present at the mar- -riage of Stephen Paine but have distinct recollection it was before the Revolutionary war they were married by Elder Mitchel a Baptist Minister -
Witness Emeradnith
Anna her Paine Mark
Providence ss. In Gloucester Nov. 3 rd 1846. Personally appeared before me the above named

Anna Paine & made Oath to the above deposition by her signed & I also certify she is a credible witness.
Emerson Smith, Justice of the Peace.

I Willard Wade of Gloucester in the County of Providence & State of Rhode Island on Oath do testify & say, that I am now in my Ninetieth year of my age, that I was formerly acquainted with Stephen Paine of this Town, late a Lieutenant in the Militia under Capt. Abraham Winsor in the Revolutionary War. Said Stephen Paine was an officer nearly or quite through the War I believe, and I remember of serving with him on duty a number of tours of service how many I cannot now tell positively, but I recollect he was down on a tour in Dec. 1776 of a month, & the Winter following he had the command as Lieut. of a month at Providence, & I think he was also down again the next winter & had the command being in January 1778 & this is all I can now specify of his services, but I have no doubt he served regularly & faithfully his tours of duty as they came along — The pension I draw is for about 10 Months service.
Witness Emer Smith —
Willard his X Wade mark
Providence ss. In Gloucester Oct. 17 th 1846.
Personally appeared before me the above named Willard Wade & made oath to the above deposition by him signed & I also certify he is a Credible witness. Emer Smith, Justice of the Peace.

Stephen Paine N.F. 21923. R.I.
An abstract of capt. Abn. Winsor's co. dated Jan. 4, 1777;
An order to capt. Abra- ham Winsor, 3 rd co. of train band of Gloucester, signed Leah Brown, col., dated Providence, Aug. 9, 1777;
These papers have been removed from this case to be forwarded to the War Department. Sent to War Dept. Jan. 16, 1913 J.M.H.
Apr. 25, 1911.
No claim for capt. Abr. Winsor.
aw

Reg
WIDOW, &c.
File No. 21923
Elizabeth Paine
Widow of
Stephen Paine
Lieut Rev. war
Act: July 4 th /36
Index:—Vol. 16 , Page 115
[Arrangement of 1870.]

Elizabeth Paine widow of Stephen Paine R.I.
act of July 1826 b. d. 1812 Calvin & Abigail Paine a daughter died 6 mo. 180. ~ on 4 March 1831 to July 1, 1837 when she died children Thos. Paine Joseph Paine Naomi Paine George W. Paine Robert Paine Mary Paine Stephen Paine
J. G. Bennett Pret

I Thomas Owen of Gloucester in the County of Providence on oath do testify & say that I am now Eighty years of age. I was formerly well acquainted with Stephen Paine of Gloucester the husband of Elthea Paine deceased. I am also acquainted with Thomas Paine who is now living & the son of the said Stephen & Elthea. Said Thomas is now over Seventy two years of age & they had children born before he was. I have known Thomas from childhood.
Thomas Owen
Providence ss In Gloucester this 21 st day of April A.D. 1844 - Then Personally appeared Thomas Owen before me, the above signor & made oath to the truth of this deposition by him signed & I certify that I have been acquainted with him twenty five years & that he is a man of unimpeachable character for truth & veracity.
Emery Smith Justice of the Peace.

I Thomas Paine of Gloucester in the County of Providence & State of Rhode- Island on oath do testify & say that I am now in my Seventy Third year of my age, that I am the oldest son of the late Stephen Paine & Ettheah his wife. I have frequently heard my father say he served a great deal as soldier in the war of the Revolution & at one time when I was about four years old I well recollect his coming out of the service. This I think was must have been about the Morn- -ing of September as apples began to be ripe. — My father died in the year 1812. I have frequently seen his commissions one of which at least was signed by Gov. Cooke & commiss- ioned my father as Lieutenant nearly or quite through the war. My mother died on the 1 st Day of July A. D. 1837. leaving seven children to survive her loss, to wit— Myself, Joseph Paine, Robert Paine, George W. Paine, Stephen Paine, Naomi Paine & Mary Paine. — I have frequently heard her speak of the hard- -ships she had endured in taking care of a stock of cattle which they then had, while her husband was called a soldiering in the War of the Revolution. I have frequently heard my parents

say they were married by Elder Mitchell a Baptist minister the year 1870 & they had two children older than myself Providence Is } - to wit - Daniel & Sarah Long
In Gloucester this 21 st day of April 1877. Then Personally appeared before me the within named Thomas Paine & made oath to the truth of the within Deposition by him signed & I certify I am well acquainted with him & that he has the reputation of being seventy two years old in our neighborhood & is a credible witness
Conner Smith Justice of Peace

I Samuel Mowry of Gloucester in the County of Providence on Oath do testify & say that I am a Physician & in that capacity I attended Elitha Paine widow of the late Stephen Paine in her last sickness. The said Elitha died on or about the first day of July A.D. 1837. I attended her for the last time on the first day of July 1837 as appears by my Books & she died soon afterwards.
Samuel Mowry
Providence R.I.
In Gloucester this 21 st day of April A.D. 1847. — Personally appeared before me the above named Samuel Mowry known to me to be a Physician & made Oath to the above deposition by him signed & I certify that he is a Credible Witness.
Emmer Smith Justice of the Peace.

The State of Rhode Island & Providence Plantation
Town Clerks Office Gloucester April 21 st A.D. 1847
I Clovis H. Bown Town Clerk of said town of Gloucester in the County of Providence, do hereby certify that I have examined the record of Marriages for said town, in this Office, and do not find the marriage of Stephen Taine to Bithiah Landing therein recorded.
I further certify, from my own knowledge, that a great many marriages have been solemnized in said town, of which no record has been made in this office.
Clovis H. Bown Town Clk.
Providence ss In Gloucester this 21 st day of April A.D. 1847 Personally appeared before me the above named Clovis H. Bown known to me to be the Town Clerk of Gloucester & made Oath to the truth of the  above by him signed & I certify that he is a credible witness. Omer Smith Justice of the Peace.

I David Cowan in the County of Lagrange in the State of Indiana aged 84 years last March on oath do testify and say that during the war of the Revolution I lived in Gloucester in the County of Providence and State of Indiana Rhode Island I moved from said Gloucester about 29 or 30 years ago During the war of the Revolution I was well acquainted with Lieut Stephen Payne a Lieut in Capt Abraham Winsors Company of Militia and Col Stephen Winsors Regiment I well remember Lieut Stephen Payne being called out in December 1776 when the British took possession of Newport in Rhode Island the said Lieut Payne was on service and in January 1777 Lieut Payne was on service stationed at Providence in the April following I was stationed at Providence and served as a substitute for my Father in the same Regiment with Lieut Payne in July 1777 I was on duty stationed at Providence and so was in the same Regiment with Lieut Payne I went to the Eastern part of the state as a regular nine months man and was not knowing to the services of Lieut Payne untill Sullivan's expedition in August 1778 when I distinctly remember said Lieut Payne served on about a month in the same Company with said Lieut Payne at Howlands ferry and on the Island

I have a distinct recollection of all the above services and I have no doubt said Lieut Payne served at other times during the stay of the British at Newport which was more than two years for he was a classed Militia man and must necessarily have served one third of the time he was an efficient Officer and to my certain knowledge discharged his duty promptly David Rowan
State of Indiana LaGrange 33
Personall appeared before the subscriber a Justice of the peace in and for said County the above named David Rowan and made oath to the truth of the above deposition by him signed
Sworn and subscribed to before me at Vincennes this 23 d day November AD 1840 David C. Elmore Justice of the Peace

I do hereby certify that I am personally acquainted with the above named David Rowan and know his character to be good for truth and veracity.
David Elmore Justice of the Peace

State of Indiana
Saginaw County } ss I James B. Hovey Clerk of the Court Grange Circuit, do hereby certify that David Elmore Egan before whom the within Affidavit appears to have been taken was at the date of taking the same an acting Justice of the Peace within and for said County that he is duly authorized by the laws of this State to take the same, And further that I am well acquainted with his hand writing and Verily believe his signature to the same is genuine In Testimony whereof I have hereunto set my hand and seal this 30th day of Said November A.D. 1846
James B. Hovey Clerk Pr. Mills Arrell Dep. Clerk

State of Rhode Island & Providence Plantations,
Municipal Court of the City of Providence, in said State, exer- -cising Probate Jurisdiction.
April 27 th , 1847.
Be it remembered, that satisfactory testimony has been this day, produced before this Court that Stephen Paine, formerly of Gloucester in the County of Providence in this State, in- -termarried with Elthea Sanders, in or about the Year One thousand, seven hundred and seventy, and before the Revolutionary War, that they lived together as man and wife, until his Death, which took place on the sixth day of January A.D. 1812; — that said Elthea then lived as his widow as his widow, until the first day of July, A.D. 1837, when she died; — That at the time of her death, she left the following named children, by said Stephen: to wit: Thomas Paine, Joseph Paine, Naomi Paine, George W. Paine, Robert Paine and Mary Paine, all of said Gloucester, and Stephen Paine, of Bolton in the State of Connecticut. — that said children are all over twenty- one years of age; — and that said Stephen Paine was an officer in the War of the Revolution, and served as a Lieutenant, at least eight months during the said War.
In attestation whereof, I have hereunto set my hand and have affixed the seal of said Court, this twenty seventh day of

April, A.D. one thousand, eight hundred and forty seven.
And I do hereby certify, that Emor Smith, before whom the annexed depositions of Joseph Paine, Anna Paine, Willard Wade, Thomas Owen, Thomas Paine, Samuel Mouny and Gloris H. Biven, were taken, was on the days of the Peter thereof, a Just of the Peace within and for said Town of Gloucester, Berkshire.
Albert Greene. Clerk.

By his Excellency William Greene . Esquire, Governor, Captain-General, and Commander in Chief, of and over the State of Rhode-Island and Providence Plantations .
To Abraham Winsor . Gentleman, GREETING.
YOU the said Abraham Winsor — being by the General Assembly of this State elected and chosen to the Place and Office of Captain — of the Third — Company or Trained Band of the Town of Gloucester — in the County of Providence in the State aforesaid, are hereby, in the Name of the Governor and Company of the said State, autho- rized, empowered, and commissioned, to exercise the Office of Captain — of and over the Company aforesaid: And to command, guide and conduct the same, or any Part thereof: And in Case of an Invasion or Assault of a common Enemy to infest or disturb this Plantation, you are to alarm and gather together the Company under your Command, or such Part thereof as you shall deem sufficient, and therewith, to the ut- most of your Skill and Ability, you are to resist, expel, kill and destroy the same, in order to preserve the Interest of the good People in these Parts. You are also to follow such Instructions, Directions and Orders, as shall from Time to Time be further given forth, either by the General Assembly, the Governor and General Coun- cil, or other your superior Officers. And for your so doing, this Commission shall be your sufficient Warrant and Discharge.
G I V E N under my Hand and Seal of the said State, the Eleventh Day of May — in the Year of our Lord One Thousand Seven Hundred and Seventy-eight.
By his Excellency's Command,
Ebenezer Ward
W. Greene

By his Excellency William Greene Esquire, Governor, Captain-General, and Commander in Chief, of and over the State of Rhode-Island and Providence Plantations.
Abraham Winsor Gentleman, GREETING.
Uthe said Abraham Winsor being by the General Assembly of this State elected and chose to the Place and Office of Captain of the Third Company or Trained Band the Town of Gloucester in the County of Providence in the State aforesaid, are hereby, in the Name of the Governor and Company of the said State, autho- rized, empowered, and commissioned, to exercise the Office of Captain of and over the Company aforesaid: Ant to command, guide and conduct the same, or any Part thereof: And in Case of an Invasion or Assault of a common Enemy to infest or disturb this Plantation, you are to alarm and gather together the Company under your command, or such Part thereof as you shall deem sufficient, and therewith, to the ut- most of your Skill and Ability, you are to resist, expel, kill and destroy the same, in order to preserve the Interest of the good People in the Parts. You are also to follow such Instructions, Directions and Orders, as shall from Time to Time be further given forth, either by the General Assembly, the Governor and General Coun- cil, or other your superiour Officers. And for your so doing, this Commission shall be your sufficient Warrant and Discharge.
G I V E N under my Hand and Seal of the said State, the Eleventh Day of May in the Year of our Lord One Thousand Seven Hundred and Seventy-eight.
By his Excellency's Command,
Henry Ward Luce
W. Greene

The Uterine Pains Pains, a d d d d d end

State of Rhode Island
County of Providence
I Benjamin Cowell of the City of Providence in said State do on oath certify & say that I have in my possession Sunday account books which belonged to Asa Waterman a commissary of the Army of the United States during the war of the Revolution stationed at Providence aforesaid that in one of said books are the following entries word for word & figure for figure. viz "Providence 7 March 1777
"D o Capt Abraham Winsor for Rations "for his company in Col Browns Regiment 20 lb Salt Beef } 16 Men 1 day. 16 lb Bread }
April 7 1777
D o Lieut Stephen Pain in Col Browns Regt Militia in Capt Winsors Company
2 1/4 lb Pork } 2 day, 1 Man 2 lb Bread }
April 8.
D o for Return of Stephen Pain Lt in Col Browns Regt Militia in Major Trulls division
7 3/4 lb Pork } 7 Men 1 day 7 lb Bread }

May 23 1777 D a by order Abraham Winsor Capt for his Company in Col. Chas. Brown's Regt Militia 5 lb Bread } 5 lb Pork } 5 men 1 day
May 26 Winsor sd Robert Sandusky for Capt Abraham Company in Col. Brown's Regt 1 lb Bread } 1 1/2 lb Beef } 1 man 1 day Providence March 17 1848
Benjamin Cowell
Providence ss March 20. 1848 Personally appeared before me the above named Benjamin Cowell & made oath to the above dep- osition by him signed & I further certify said Cowell is a credible witness. Ebenezer Smith Justice of Peace.

I Rose Bowen of Gloucester in the County of Providence and State of Rhode Island on Oath do testify and say, that I am now in my Seventy Ninth year of my age. I was formerly well acquainted with the late Lieutenant Stephen Paine of Gloucester - We lived very near neighbors and I remember his going frequently in the service of the War of the Revolution but how much I cannot tell; but one circumstance makes me particularly remember he was out in Sullivan's expedition in August 1778. The reason I remember this, is that I had two brothers, Luke and Zebulon Philips; and I well recollect Luke's saying a good deal about Lieut. Paine while on the Island of Rhode Island in said expedition. He used to say that said Paine being rather a slow man they fixed a slow match under him in order to blow him up in sport. My said brothers were in the service of the War considerable & I very well recollect this service on Rhode Island in the above year for I recollect distinctly of hearing the cannon &c on said day. I am the widow of the late Abadiah Bowen of Gloucester & draw a small pension as such.
Rose her Bowen Mark
Emery Smith Abadiah Bowen  Witnesses

Providence ss. — In Gloucester this 29 th day of April 1848. — Then personally appeared the within named Rose Bowen and made sol- -emn Oath to the within Deposition by her sign- -ned & I certify she is a credible witness. Emner Smith Justice of the Peace

I Christopher  Winsor of Gloucester in the County of Providence & State of Rhode Island & Providence Plantations aged 57 years, on Oath do testify & say I am one of the sons of the late Capt. Abram Winsor of this town & have in my possession the papers of my honored father a few of which are here enclosed & by which it will be seen that Stephen Paine was a Lieut. in the same Company of the War of the Revolution, under Col. Chad Brown As many people have been here after military proof of services in that War most of the Rolls of said services are now missing, yet I very well recollect of seeing the name of Lieut. Stephen Paine upon them & this is most I can tell about it. Christopher Winsor
Providence Jo.
In Gloucester June 21. st 1848. Then Personally appeared the above named Christopher Winsor & made oath to the above deposition by him signed & I certify he is a credible witness, & I further certify that I attach the three papers to the within deposition, the within Roll it will be seen is but about half of one, the other part not having been found as yet.
Emerson Smith Justice of the Peace.

Elizabeth Paine wid of Stephen Paine living in R.I.
File 21.923

Copy
Pension Office December 9 th 1878
Sir
The papers in the case of Elizabeth Paine dec d . widow of Stephen Paine have been examined and filed under the act of 4 th July 1836
The regulations with which you are familiar with regard to the specifications of the several terms of service, and also as to the rank of Mrs Paine's husband as a commissioned Officer should in every essential particular be complied with.
The proof now adduced is not at all satisfactory to establish the date of their marriage or to shew that Paine rendered as much as six months service. Your certificate being a copy of a private paper cannot be received as evidence and the Affidavits of Willard Wade and David Cowan were they admitted as proof they would cover but two terms of one month each.
The marriage should be established by record or documentary proof if attainable
I am Very Respectfully Your Sir Sir J. G. Bernet for Com. of Pensions
Blount Esqr Providence R.I.

Providence August 1 st 1848
I herewith enclose the claim, and proof, of the children of Eleazar Paine widow of Stephen Paine a Lieutenant in the War of the Revolution. The Court have certified that it appears to their satisfaction that he served eight months. David Lowen of Indiana testified to five months which he distinctly remembers some of which are also proved by other testimony. Willard Wade testified to three two of which are also proved by other testimony. The Books of the Company Waterman now in my possession prove several losses of service, in Capt Abraham Wiggins Co and the mutilated old Roll of his company proving 34 days from Dec 3 1776. The fact was that from the time the British landed on Rhode Island in 1776, Most all the Militia were on duty for several months all the time until Troops arrived from other States. It will be seen by the

his commission is lost but his name as lieutenant is returned on the old Roll herewith transmitted and also on the Books of the Company.
This claim has been delayed for some time in the expectation that further documentary evidence might be found. Among Capt A Winsons papers, But Capt Winsons Rolls have all been sent with claims to the Pension office, except the part of the old Roll now transmitted as to do I know is with what claims they have been sent. This appears to be a meritorious claim in every point of view & I trust it will receive a favorable consideration. The son of Capt Winson testifies that he was much of seeing the name of Lieut Stephen Paine on the books that have been carried off -
I am very Respectfully Yours Brig Genl
L. L. Edwards Esq

Washington 18 March 1850
Hon. H. Escobas Commr of Pensions
Sir:-
I have the honor to enclose herewith additional evidence in support of the claim of Lt. Stephen Parris, deceased, for Pension on account of service in the war of the Revolution -
With great respect yours obedt Servt James S. Hunt

The State of Rhode Island and Providence Plantations
Providence ss
Clerks Office Supreme Court March 14 th A D 1850
I Walter Paine & clerk of the Supreme Court of said State of Rhode Island &c for said county of Providence, do hereby certify that Aaron Smith Esq is a justice of the Peace in and for said county duly
commissioned and qualified, and that the signature on the opposite part of this sheet purporting to be his is genuine.
Given under my hand and the seal of said Court the day and year above written.
Walter Paine & clerk.

I James Bowen of Gloucester in the County of Providence & State of Rhode Island one being now Ninety years of age & a Soldier of the Revolution, on Oath, do testify & say I was formerly acquainted with Lieut. Stephen Paine of Gloucester — I was also well acquainted with the late Jeremiah Sweet who was also a Revolution Soldier of this town. I have frequently heard him talk about their soldiering in the war of the Revolution. I well recollect he said he served several tours under the said Lieut. Stephen Paine at Providence & Bristol I believe. He said Paine was rather a slow man but withal a very good officer. I distinctly remember he said this Lieut. Paine threatened to put him and another man under guard one time at Providence which he should always remember, they they left the camp to get some milk but that when Capt. Windsor [Shraham] came up he said they should not go under guards for leaving the camp when the Officer in command was not to be found. Mr. Sweet was brother-in-law to myself & I could place the fullest confidence in his statements from which it appeared said Lieut. Paine must have done a good deal of service in the war of the Revolution to which his heirs ought to be entitled. — James this Bowen mark

State of Rhode-Island County of Providence } ss.
Be it known that on the sixth day March 1850 before the subscriber a Justice of the Peace in and for said County personally appeared the within named James Bowen and made oath to the truth of the within deposition which after being read to him was by him subscribed in my presence.
I further certify that I am acquainted with the said James Bowen and that he is a man of truth and veracity and his testimony entitled to full credit.
Before me,
Anson Smith, Justice of the Peace.

I Dorcas Sweet of Scituate in the County of Providence and State of Rhode Island being now ninety years of age on oath do testify and say - That I am the widow of the late Jeremiah Sweet of Gloucester - I was formerly well acquainted with the late Stephen Paine of said Gloucester - My husband used frequently to talk about his soldiering - I well recollect he frequently talked about the said Stephen Paine's being in the service with him at different times - He said that said Paine was some kind of an officer I do not recollect what in the war of the Revolution - I well recollect he frequently said that said Stephen Paine's widow could get a pension from government without doubt if she applied for one.
Dorcas her  Sweet mark
State of Rhode Island County of Providence } ss.
Be it known that on the seventh day of March 1850 before the subscriber a justice of the Peace in and for said County personally appeared Dorcas Sweet above named and after being sworn gave the above deposition which was by me written and read to her and by her subscribed by making her mark in my presence.
I further certify that I am well acquainted with the said Dorcas Sweet and that she is a person of truth and veracity and her testimony is entitled to full credit.
Before me, Amos Smith Justice of the Peace

Providence Jan'y 11 1849
Dear Sir
Mr Emor Smith of Gloucester has requested me to write you on the subject of the claim of the children of Eliza Pain widow of Stephen Pain, a Lieut in the Revolution, for arrears of pension; he informs he spoke to you on the subject before you left, By his request I forwarded this claim to the Pension office, last August, & enclosed is a copy of the Commissioners Report upon it. Mr Smith wishes you to go to the office or send & borrow the papers & examine the evidence yourself. The Commissioners no doubt, will let you have the papers for this purpose, if requested. So far as I am capable of judging this claim rests upon substantial evidence.
First. As respects the marriage, It is stated & so certified by the Municipal Court of this City, that the marriage took place about the year 1770, before the war , and by the 3 d section of the act of Congress making appropriations

for the payment of Revolutionary pensions as proposed May 7 1846. you will observe the Committee must be satisfied with that kind of evidence of marriage, which would be satisfactory to a Court of Justice "in civil or personal actions". I will not detail the evidence, for you can examine it & judge for yourself, but I will venture to assert that there is not a Court of Justice in New England but would be satisfied with the evidence produced.
Secondly as to the evidence of service — In the first place you will find an old Roll among the papers, on which is borne the name of Lieut. Stephen Paine as having served 33 days, Willard Wade a credible witness, remembers of having served three tours of a month each and the times are specified, David Bowen also has a distinct recollection of his services and testifies to four or five tours — In addition to all this I have in my possession many of the books of the Company, Asa Waterman, stationed at Providence at the time & on them I find that provisions were delivered to to Lieut. Stephen Paine in March April & May 1777

of this fact, you will find my affidavit among the papers — Now when to all this is added the historical fact, that when the British took possession of Newport in December 1776 the General Assembly being called together, passed an act (a copy of which I have sent to the pension office on several occasions) dividing the Militia into three divisions , one of which alternately was on duty most all the time, until they evacuated in November 1779 nearly three years, how can it be doubted, but Saint Paine, obliged to take his turn under the law, served at least six months during that time? The Municipal Court were satisfied he served 8 months, & so certified & you will see the certificate among the papers — In order to show you how the Militia were called out I send you an old order of Col Chad Brown directed to Capt Minson, the very company in which Saint Paine was Lieut, — In this way, the Militia were called out, when one division served out its time another took its place, and it is well known that the Militia of R. Island & the other N. E. States,

was all the defense there was against the invasion for some time,
The commission of Lieut Pain is lost but in such case, according to the Rules of the Department any ancient instrument or old document on which the names rank of the officer appears is what has been deemed sufficient proof of rank and what better evidence could be desired than the old Roll of Capt Winsons Company duly authenticated & sent with the papers of this claim to prove the rank & capacity of Lieut Pain? Mr Smith wishes you to get the papers & examine them at your leisure - and if you do I think you will come to the same conclusion I have that it is a fair claim for six months survive at least
I am Sir very Respectfully and sincerely yours &
Benja Lowell
Hon A. C. Greene