Revolutionary War Pension and Bounty Land Warrant Application File S. 29,619, Elisha Bates, Mass.

SERVICE
NUMBER
Mass.
Bates, Elisha
S 29619
CONTENTS

21.343 Massachusetts
Elisha Bates
of Norfolk in the State of Mass who was a Private in the Comp. commanded by Captain Warner of the Regt commanded by Col. Scarbrough on the Mass line for 13 Mos.
$86.66
21.66
$108.32
Enscribed on the Roll of Mass the rate of 43 Dollars 33 Cts is per annum, commence on the 4th day of Mch 33.
Certificate of Pension dated the 13 day of Sep. 1833 and due to E. S. Leonard Norbury
Arrears to the 4th of Sep. 33 $108.32
Semi-ant. allowance ending Apr. 34 21.66
$129.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Go. Stiles Clerk, book E. Vol. 2 Page 9.

Elisha Bates 8890
Edwin S Leland

Commonwealth of Massachusetts.
County of Norfolk ss. On this eleventh day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate now sitting at Quincy in and for said County, Eliza Bates a resident of Deymouth in said County, aged sixty nine 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 7th A. D. 1832.
THAT he was born at Deymouth in the county of Norfolk on the twenty fifth day of March A. D. 1763, and that there is a record of his birth on the records of the Town of Deymouth : that he was in the United States service from the month day of March A. D. 1770, to the month day of December A. D. 1770 nine months as a Soldier in the Massachusetts Militia : that he was residing at Deymouth aforesaid when he entered the service; that he was a Volunteer and served for the period aforesaid under the command of Capt. Samuel Ward of Deymouth ( Capt. Burbank and Capt. Dyer were then on Castle Island ): that he marched from Deymouth to Dorchester , from Dorchester to Castle Island from thence to Governors Island , then so called: that he served at Dorchester, said Islands with none of the regular troops; and no regular officers were known to him: that he was in no battle and at the end of his service received no written discharge: that since the Revolutionary war he has resided at Deymouth aforesaid , & that he has no documentary evidence of this service.
ALSO: that he was in the United States service from the month day of July A. D. 1779, to the month day of October A. D. 1779 three months as a Soldier in the Massachusetts Militia : that he was residing at Deymouth aforesaid when he entered the service; that he was a Volunteer and served for the period aforesaid under the command of Capt. Benjamin Wells of Hingham ( Major Dyer of Hingham was an officer there ): that he marched from Deymouth to Boston ; from _____ to _____ from _____ to _____ : that he served at Boston with none of the regular troops; and no regular officers were known to him: that he was in no battle and at the end of his service received no written discharge. And that he has no documentary evidence of any of these services nor any knowledge of any other service by which he can get a pension.
ALSO: that he was in the United States service from the month day of May A. D. 1780, to the month day of June A. D. 1780 one month as a Soldier in the Massachusetts Militia : that he was residing at Deymouth when he entered the service; that he was a Volunteer and served for the period aforesaid under the command of Capt. Thomas Hewcomb of Braintree : that he marched from Deymouth to Hull , from _____ to _____ from _____ to _____ : that he served at Hull with none of the regular troops; and no regular officers were known to him: that he was in no battle and at the end of his service received no written discharge.
And hereby certifies that he has not found any documentary evidence and has no knowledge of any other service by which he can get a pension.

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and Subscribed the day and year first aforesaid.
Elisha Bates
We Josiah Bent junr Weymouth aforesaid
a clergyman, residing in the Town of
and Samuel Humphrey one of the Selectmen of said Weymouth residing at Weymouth aforesaid hereby certify that we are well acquainted with Elisha Bates who has subscribed and sworn to the above declaration; that we believe him to be sixty nine 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 as aforesaid.
Josiah Bent Jr. Samuel Humphrey
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 abovenamed applicant was a revolutionary Substantially soldier and served as he states. And the court further certify that it appears to them that Josiah Bent Jr. , who has signed the preceding certificate, is a clergyman, resident in the  said Weymouth ; and that Samuel Humphrey esq who has also signed the same is a resident in said Weymouth and is a credible person; and that their statement is entitled to credit.
Sherman Leland Judge of Probate
I Samuel Havin, Regt of the Court of Probate aforesaid,
do hereby certify
that the foregoing contains the original proceedings of the said court in the matter of the application of Elisha Bates , for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Havin

Joseph North of Weymouth in the county of Norfolk aged twenty one years, testify and say that Elias Water within named was a soldier in the United States service in the War of the Revolution and to my knowledge served as a soldier in said service during the first period of time within mentioned as he has therein stated. Joseph North Norfolk ss August 17 th 1832 Subscribed & sworn to Before Herman Selawee Judge of Probate
I hereby certify that said Joseph North is a credible witness - H Selawee Probate

Elisha Bates Map
Plots 13 months
14 ob S. 382 (May 8/1833)
8890.
E. S. Leland Esq Roxbury Mass

County of Norfolk  BRIEF in the case of  Elisha Dats  Mass in the State of (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     March In 1798 9 private Gen. Moul. Col. D. D. D. D.   1799 3 " Gen. D. D. D.   May 1800 1 " Gen. D. D. D.  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Weymouth Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional - one living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? The living witness is not useful to be credited - 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

29 619 Rev INVALID.
File No. 29,619 Elisha Bates Rev Rev War
Act: June 7 th 1820
Index:—Vol. 2 , Page 25
[Arrangement of 1870.]

8890
Ebenezer Bates
E. T. Leland Esq. Roxbury Mass

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Elisha Bates which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yy
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? NO
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? NO
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yy
XVI. ‡ Are the papers authenticated as the regulations direct? NO
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.