Revolutionary War Pension and Bounty Land Warrant Application File S. 18705, Thomas Bates, Mass.

SERVICE
Mass.
Bates, Thomas
NUMBER
S 18705
carded
CONTENTS

Maine 11.547
Thomas Bates
of Kennebec Co in the State of Maine who was a Private in the Company commanded by Captain Cottler of the Regt commanded by Col. Gribbs in the Mass Volunteer Troops
4 Mo. 1842 - Fifer - 16.76 3 " 8. Sergeant - 15.98 32.74
Inscribed on the Roll of - Maine at the rate of 32 Dollars 74 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of May and sent to - 1833 H. C. Dose, Augusta, Me
Arrears to the 4th of March 1833 - 65.48 Semi-ant. allowance ending 1/2 Sept " 16.37 $ 81.85
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. T. Sprague Clerk, Book 6 Vol. 1 Page 3

Thomas Bates
Fifer - Mass'tts troops.
Cottle's Co: 3 months Very Credible witness.
Hammonds Co: 3 " Sergeant.
Emmons Co: - 4 "
24 829
Fifer 3 months - credible witnesses " 1 month 18 days } Purser's Barnings Sergeant 3 months 6 " } certificates
" " 24.
  Fifer  4. 18 d  16.76    Sergeant  3. 6.  15.98      32.74  
Declaration in open court
March 26, 1833.
W. C. Vose. Augusta, Me.

Declaration.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF MAINE, } ss. KENNEBEC COUNTY, }
On this Eighth day of September A. D. 1832 personally appeared before the Hon. NATHAN WESTON, Jun'r, a Justice of the Supreme Judicial Court, of said State, Thomas Bates a resident of Waterville in the County of Kennebec and State of Maine, aged Seventy five 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 7, 1832. That he enlisted in the Army of the United States in the year 1776 with Captain Cottle and served in Col. (not recollected) regiment of the Massachusetts line or troops under the following named officers: viz. Cottle, Capt. &
he does not now recollect the name of his Colonel. That he enlisted as a Fifer in November 1776 for three months. served at Bristol, Rhode Island, & was discharged there in March 1777.
That in June or July 1778 he again enlisted as a Fifer for three months in the believes Capt. Hammonds company & he believes Col. Hawes or Jacobs regiment of the same troops; that he served at Rhode Island & was verbally discharged at Howland's ferry in September or October of the same year. During this service he was under Genl. Sullivan & was in the battle at Rhode Island. Col. White of Rochester was in the same expedition. & an adjutant Capt.
That in June 1779 he again enlisted as a Sergeant  Fifer for four months in Capt. Gibbs' company by think Col. Jacobs' regiment of the same troops, served at Rhode Island. Patuxet. & was discharged at Rhode Island in November 1779.
And to the interrogatories propounded under the instructions of the war department, he answers:
That he was born in Wrentham, Massachusetts, in January 1757 where he believes his age is recorded, & where his home was during his revolutionary services. - That he has lived in Waterville for the last forty six years. That he enlisted, was not drafted or received as a substitute & never received a written discharge. That he has named such of his officers as he now recollects & the times when he enlisted & was discharged as near as he is enabled to. That any of his neighbors will testify to his character for veracity & their belief of his services.
8 Sept.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any agency in any State.
Thomas Bates
Sworn to and subscribed the day and year aforesaid, B before
Nathan Weston Jun. Just S.J.C.
And the said Judge does hereby declare his opinion that the above named applicant was a Revolutionary Soldier, and served as he states.
Nathan Weston Jun.

State of Maine.
KENNEBEC, ss.—I, JOHN A. CHANDLER, Clerk of all the Judicial Courts held within and for the County of Kennebec, hereby certify that the Hon. NATHAN WESTON, Jun'r, before whom the within proceedings was had, is a Justice of the Supreme Judicial Court of said State; I also certify that the within contains the original proceedings of the said Judge, in the matter of the application of Thomas Bates for a pension.
In testimony whereof, I have hereunto set my hand and the seal of the said Court, this Eighth day of September
A. D. 1832.
J. A. Chandler

24829 Thomas Bales State of Maine
Admitted
4 mo 11 days $15.20 4 mo 18 days Fifer 16.76 3 " 6 " Sergeant 15.98 $32.74
R C Vose Augusta Maine

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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Thomas Bates  Resident of Waterville - Kennebec Co State of Maine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     End 1776 " 3 " for Capt Cottle Maj Colonel 75 years Waltham Traditional   " 1778 " 3 " serf Capt Hammond Col Hawes Genl Sullivan Mass Evidence   1779 " 4 " serf Capt Gibbs Col Jacobs } } 1 Witness for the first 3 mo. service No. first tour  
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 records, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 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.

Cur To Hon. Charles F. Johnson U.S. Dec. 12, 1914 His letter in S. 37.176 Timothy Littlefield
Sur. File No. 18,705, Rev. War, Thomas Bates, stated that he was born in January 1757, at Wareham, Massachusetts, where he resided when he enlisted and served as follows:
November 1776, Fifer, in Captain Cottle's company; three months.
June or July 1778, Fifer, in Captain Hammond's company, Colonel Hawes' regiment, was in the battle of Rhode Island; three months
June 1779, Sergeant, in Captain Gibbs' company, Colonel Jacobs' regiment, four months.
apple etc. Sept 8, 1832 In 1832, he resided at Waterville, Maine.
For the date of soldier's death, application should be made to the Auditor for the Interior Department, U. S. Treasury Department, giving him all of the following data:
"Thomas Bates, Certificate No. 11,547, issued May 18, 1833, for $32.74 per annum from March 4, 1831, under the Act of June 7, 1832, at the Maine Agency".
Soldier's alleged service does not agree with adjutant's report or Mass. book

18 705 INVALID.
1914 Dec. 12. Hist. to Hon. Charles F. Johnson U.S. letter in S. 37176 Timothy Littlefield & 1916 Dec. 14. To Mrs. Ella M. Morse c 1917 July 31. To Mrs. Cora B. Turner. p
File No. 18 705
Thomas Bates
Dis. Gen. War
Act: June 7 th 82 nd
Index:—Vol. 1 , Page 55
[Arrangement of 1870.]

STATE OF MAINE.
Kennebec County, ss.
AT the Supreme Judicial Court, begun and holden at Augusta, within and for the County of Kennebec, on the first Tuesday of October, A. D. 1832, and thence by adjournment on the 26 th day of March A. D. 1833.
PERSONALLY appears in open Court Thomas Bates by whom the annexed declaration, in order to obtain the benefit of the act of Congress of June 7th, 1832, was made before the Hon. NATHAN WESTON, Jr. on the 8 th day of September A. D. 1832 and makes oath, in due form of law, that the annexed declaration, by him made and signed, is true.
And the said Court do hereby declare their opinion, after the investigation of the matter, that the above named applicant was a Revolutionary soldier and served as he states.
Nathan Weston
I, JOHN ALPHONSO CHANDLER, Clerk of all the Judicial Courts held within and for the County of Kennebec, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Bates for a pension.
In testimony whereof, I hereunto affix the seal of said Supreme Judicial Court, and subscribe my name this 26 th day of March A. D. 1833.
J. A. Chandler

Commonwealth of Massachusetts.
Secretary's Office, November 1, 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Thomas Bates is borne on a pay roll of Capt. Elisha Haskell's company in Col. Benjamin Hawes regiment as having been paid for service as a Fifer from the 29th day of July to the 17th day of September 1778 for one month & 15 days service.
1. 15
And that his name is borne on a pay roll of Capt. John Gibbs' company in Col. Eben. Sprague's regiment as having served from Sept. 10th to Sept. 13th 1779 as a Fifer & was paid for three days service.
. 3
3. 6
4. 24
And that his name is borne on a pay roll of Capt. J. Gibbs' company in Col. J. Jacobs' regiment as having served as a Sergeant from July 10th to Octr. 27. 1780 & was paid for three months & 6 days service.
Edward D. Bangs. Secy

Tho. Bates

I Lot Sturtevant of Waterville, County of Kennebec, Maine, aged seventy three years, now a pensioner on the Maine Roll, do upon oath testify & declare that I well know Thomas Bates of said Waterville, that said Bates served as a Fifer in Capt. Gottle's Company & I think Col. Hall's regiment of the Massachusetts troops, three months. viz from sometime in December 1776 to sometime in March 1777. I am not sure that Hall was Colonel but am sure that Winslow was Major. I was a soldier in the same company & regiment at the same time & well recollect that said Thomas Bates served as I have stated. He served at Bristol, Rhode Island.
Lot Sturtevant
State of Maine, Kennebec, ss: Subscribed & sworn to this fifth day of September A.D. 1832. the deponent being well known to me as a credible & disinterested witness. Before me M c Cart H. Justice of the Peace, William Wood In Ex is a justice of the Peace. Nathan Weston In

We the subscribers, inhabitants of the Town of Waterville, in the County of Kennebec & State of Maine, do certify, that we have been acquainted with Thomas Bates of said Waterville, aged about twenty five years, for more than twenty years past - that he has, during that time, sustained among his neighbors & Townsmen a good reputation for integrity, truth, and honesty - & from his having hitherto frequently mentioned in conversation events that took place during the Revolutionary War under his own eye, while he was serving in the Militia of Massachusetts in the State of Rhode Island, we give it as our belief, that he performed services as a soldier of the Revolution - Waterville 31 st Aug. 1832 - Timothy Boutelle Asa Redington Daniel Cook
The foregoing gentlemen are known to me as citizens of the first respectability. Nathan Weston

One 2 c. stamp & env. recd. Rev. -1 Stamp & enr ret'd Oct 6 1906
Maine
Waterville Nov. 25, 1906 The Pension Office Wash. D.C.
Dear Sir
Will you kindly look up the record of the death of Thomas Bales of Waterville Me. he was was a Revolutionary Pensioner in 1840. I think he died about that time. You would greatly oblige one who has a full record (with that exception) to be a member of the D.A.R.
Yours with thanks Mrs Ella Henson Howe

One 2 ¢ stamp rec d ✓
Stamp ret'd EW EW Rev Sec
Augusta July 25-1917
Pension Department:-
Gentlemen:-
Will you kindly send me the record of Thomas Bates, a soldier in the Revolutionary war, Nov 1776.
He was three months as fife in Capt. Bottles Company in Massachusetts. Just where, I do not know.
My address is -

Mrs Nora B. Turner, 228 State Street, Augusta, Maine