Revolutionary War Pension and Bounty Land Warrant Application File S. 21,088, Phenix Brown, R. I.

SERVICE
NUMBER
R. I.
Brown, Phoebe
S. 21088
CONTENTS
b. Sept. 1750 in North Kingston, Washington Co. R.I. there at end and in 1832.

Payment refunded due to Dr. Sherman 11 April 1835 Col John Ralston respecting Capt Brown 18 April 1835 - do to Hon. D. J. Pease July 22 d 1835 - same 11 Jan y 1836
21.252 Made Blank
Phenix Brown of Washington in the State of R. I. who was a Sergeant in the Company commanded by Captain Brown of the City of Providence by Col Brown in the Rhode Island line for 2 years
Inscribed on the Roll of the State of R. I. at the rate of $20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of Aug 1835 and said John Wall North Kingston R.I.
Arrears to the 4th of March 1833 $240.00 Semi-ant. allowance ending 4 Sept. 60.00 $300.00
Revolutionary Claim, Act June 7, 1832.
Recorded by KEH Clerk, Book E Vol. 2 Page 103

45
Decon X Phenix Brown
J Hall
22819

State of Rhode Island & Providence Plantations County of Washington Ge.
On the 4th day of September 1832, personally appeared in open court before John G. Clark
The Court of Common Pleas now sitting, Phoenix Brown a resident of North Kingston in the County & State aforesaid, aged 82 in September 1832, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of an act of Congress, passed June 7. 1832. That he entered the service of the United States and served under the following named officers as herein stated viz. At the breaking out of the war in 1776 in  in March the fall of the year I was called out in Capt. Thomas' Company of militia North Kingston and acted as sergeant of said company to guard the shore in said Town. Said Company was attached to Col. Aspinwall's  Aspinwall's Regiment. I served from thence about 2 months. In the 1777 in May  fourth year of the war I belonged to the same Capt. John Brown served as orderly sergeant company, attached to the same Regiment and had charge of the team for carrying provisions for the army in this capacity I served one year. In the year 1780. I was drafted  was drafted  ensign in said in Capt. John Brown company in said Regiment. I served 3 months in this capacity in the I was drafted in said company as artillery sergeant winter of 1780 & 81, stationed at Quidnupt neck. I served in said capacity the ensuing spring and summer at different times about 3 months, stationed in North Kingston. In the Spring of 1782 I was drafted and marched onto Rhode Island, where I served 3 months in the capacity of Captain under Major Northrup - Col. Thomas Potter, when I was discharged

In August 1778 I was drafted and ordered to march onto Rhode Island. I was then in time of the action and drawn up in line of battle. I was then at this time nine days attached to Capt. John Brown's company in said Col. Dyer's regiment. I have no documentary evidence. I was born in North Kingston in the year 1750. I have no record of my age. I lived in said town at the time I was called into service, have lived there since the Revolutionary war and now live there. I have no written discharge. I do not know by whom my commission was signed nor do I know what became of it. Joshua Brown and Zebulon Northup who live in the neighborhood with me are somewhat acquainted with my services and I know of Mr. Cleveland, residing in my neighborhood who is acquainted with my services. Phoenix Brown
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 year aforesaid We Benjamin Smith Esq. a clergyman residing in North King and Sylvester G. Sherman Esq. and residing in said Town
Hereby certify that we are well acquainted with Phoenix Brown who has subscribed and sworn to the above declaration that we believe him to be eighty two years of age that he is respected 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
Benjamin Smith Chester G. Hearn
And the said court do hereby declare their opinion that after the investigation of the matter and after putting the interrogations presented by the War Department that the above named applicant was a soldier of the Revolution and served as he states.
And the court further certifies, that it appears to them that who has signed the preceding certificate, is a clergyman resident in the and that Samuel Thomas & Joshua Brown are that Benj m Smith & Syl v G. Hearn have who also signed the preceding certificate who also signed the same are residents in the Town of North Kingstown and are credible persons and that their statement is entitled to credit
I Samuel Helme Clerk of said Court of Common Pleas do hereby testify that the foregoing contains the original proceedings of the said court in the matter of the application of Phoenix Brown for a pension
In testimony whereof I set my hand and seal of office the 28th day of September 1832.
Sam l Helme Clk

Washington Jc - In North Kingston - July 15 th 1833 -
Personally appeared before me, Sylvester G. Theerman, one of the Justices of the Peace, for said North Kingston, I believe Brown the subscriber hereto, an Applicant for a Pension, who being duly sworn deposes & says, 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 period mentioned below and in the following, grades. In March 1776 I commenced serving in the Company of Artillery to which I belonged, in North Kingston, of which Samuel Thomas was Captain, as Sergeant of said Company. The Regiment was at first commanded by Colonel Brown, but before the expiration of that year Charles Dyer was chosen Colonel, I served nine months, in that year, in the capacity of Sergeant as a full rank part of the time for myself, and part of the time as a substitute for my father Charles Brown and Joshua Brown, who being married, and I being single, found me, to act in their room, during this whole time. I was kept constantly from home, & on duty, so that I was unable to attend to any business of my own, in guarding the shores of Narragansett Bay, at various places. In 1777. I served seven months in the same Company John Brown, being then Captain of the Company, in the place of Thomas, in the capacity of Sergeant as a full rank, for myself & as a substitute for my father, whose place I

occasionally took. In 1778 I served six Months, in the same Company as Sergeant, including the nine days on Rhode Island in the time of Sullivan's Expedition - In 1779 I served as Sergeant in said Company six Months. In 1780 I served as a Private in said Company, being drafted for three Months and one Month as Sergeant. In 1781 I served six Months in the same Company, as Sergeant. In 1782 I served on Rhode Island three Months in said Company, as Sergeant, and the Company called out being small I acted as Captain of the Gun, but was not chosen as Captain, all the time above stated I was in actual service, stationary on the shore with other Members of the Company, and in no part of the time, was I engaged in any pursuits of my own - I performed nine Months duty as Sergeant under Thomas & Brown three months in 1776, in 1777 seven Months, in 1778 six Months, in 1779 six Months, in 1780 one Month, in 1781 six Months, in 1782 three Months, all as Sergeant, & under Captain John Brown & Charles Dyer Colonel. In 1780 I also served three Months as a Private, making in the whole three years & two Months, as a Sergeant, and three Months as a Private. And In this same I claim a Pension - In my Declaration I omitted to state any of my service in 1778 except the nine days on Rhode Island in Sullivan's Expedition, by mistake -
Phoebe Brown
Washington Jp - In North Kingstown -
July 16 th 1833 -
Personally appeared before me, the subscriber, one of the Justices of the Peace, for the Town of North Kingstown, the above subscribed Phoebe Brown, who

after being by me duly examined, sworn and sworn, made oaths to the truth of the annexed Affidavit, which was by me reduced to writing in his presence, and by him subscribed in my presence. And I further certify, that the said Olenix Brown, is well known to me, that his character for truth & veracity is good, and that said Affidavit, is entitled to full & implicit credit.
Sylvester G. Shearman Justice of the Peace
State of Rhode Island & Providence Plantations Washington County ss.
I, Thomas P. Wells, Clerk of the Supreme Judicial Court within and for the County of Washington and State aforesaid, do hereby certify that, Sylvester G. Shearman Esq. before whom the preceding affidavit was taken and sworn to, is a Justice of the Peace of North Kingston County aforesaid duly elected and qualified; and that his above signature is in his own proper hand writing.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 31 st day of July 1833.
Thos. P. Wells Clerk

22819
Phoenix Brown
Supt 2 years
all the intruders are not expected to be credible
[Large handwritten initials or monogram, possibly 'MC']
John Hall North Kingston R.I.

WAR DEPARTMENT,
Pension Office.
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 subjoined 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 Pheonax Brown Washington County Pa.
   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.     1776 x 2 Sergt Capt Thomas Brown Col Rhode Isl 82 yrs North Two living witnesses and traditional evidence   77 x 7 Sergt Brown Dyer Rhode Isl do Kingston   80 3 privat do do do   82 3 Capt Porter do   78 6 x Sergt Capt Brown Dyer do   79 6  
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 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 [i] 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.

Prohibition
21088
INVALID.
over
File No. 21,088
Phoenix Brown
Serg. Rev. War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 38
[Arrangement of 1870.]

Joshua Brown Sept.

I Samuel Thomas of North Kingston in the county of Washington and state of Rhode Island - and on solemn oath do hereby testify and say that I am well acquainted with Philex Brown of North Kingston in said county I was ac- -quainted with him before the Revolutionary war and have been acquainted with him ever since that the said Brown belonged to the company commanded by me in the year 1776 and served in said company from the 18 th of March 1776 until the 19 th of May 1777 for himself and a substitute of for others and served as sergeant in said company and was a faithful officer and warned the company for the first time after I resigned my com- -mission in May 1777. John Brown was appointed captain and said Brown served in his company as I frequently saw him in said company I have always understood said Brown's character for truth and veracity to be good Samuel Thomas
Sworn to in Open Court.
Sep r 3. 1832 With Samuel Nelson Clerk

In deposition of Joshua Brown of North Kingston in the County of Washington on solemn oath  and State of Rhode-Island, on solemn oath, doth testify and says that he is well acquainted with Phineas Brown of North-Kingston of course that he has served in the company of Capt. John Brown, Capt. Samuel Thomas and and Capt. John Brown with and Phineas Brown and knowing that he has served in the company attached to Col. Dyer, regiment, at least two years, he believes that and Phineas is 82 years old as stated in his declaration and from his personal acquaintance with him has no doubt that he is fully entitled to credit on oath.
Joshua Brown
Sworn to in Open Court-
September 4. 1832
Walter Gann. Clerk

The deposition of Ph Benjamin Gardner of East Greenwich in the county of Kent of lawful age after being duly confirmed & sworn to states and says that he is well acquainted with Phineas Brown of North Kingston in the county of Washington that he is knowing to his services in the revolutionary war to wit in Sullivan's Expedition on Rhode Island in the year 1778 that at this time he said Brown belonged to Capt James Ender's company of Malitia attached to Col Dyer's Regiment I do not know any thing further respecting his services and cannot state with any degree of precision the time that his services continued and further the deponent saith not.
Benj Gardner
Washington Is. at North Kingston Sept 12 - 1832 Then the aforesaid deponent, Benjamin Gardner appeared before me and subscribed the aforesaid deposition in my presence and made solemn oath to the truth of the same said deposition was reduced to writing by me in the presence of the deponent whom character for truth and veracity is good
John Hall Just Peace

BY HIS EXCELLENCY,
Samuel H. Arnold
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.
Be it known that the name " HENRY BOWEN," to the afore- written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was Sec- retary of the State aforesaid, duly elected and qualified according to law : Wherefore unto his said attestation full faith and credit are to be rendered.
In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed, at Provi- dence, this twenty eighth day of August in the year of our Lord one thousand eight hundred and thirty- two . and of Independence the fifty- seventh .
Samuel H. Arnold
BY HIS EXCELLENCY'S COMMAND.
Henry Bowen Secy

State of Rhode Island and Providence Plantations.
Secretarys Office August 28th. A D 1832.
I certify that at the session of the General Assembly of said State holden on the first Monday of August instant, John Hall was elected as Justice of the Peace for the town of North-Kingstown in the County of Washington for and until the first Wednesday of May next; and that he has been commissioned accordingly; as appears of record in this office.
Witness Henry Bowen Secy.