Revolutionary War Pension and Bounty Land Warrant Application File S. 29686, James Capen, Mass.

SERVICE
NUMBER
Mass.
Capien, James
S. 29686
CONTENTS

Massachusetts 33303 James Capen, decd. of _____ in the State of _____ who was a private in the _____ commanded by Captain Leach of the _____ commanded by Col. Gills in the _____ Revolution time for _____
Inscribed on the Roll of Boston, at the rate of 96 Dollars 00 Cents per annum, to commence on the 4th day of March, 1851. Ending 23 rd February 1853.
Certificate of Pension issued the 8 th day of May 1853. and sent to _____
Arrears to the 4th of Samuel Gay Remi-ant. allowance ending Special Act 33 Stoughton August 5. 1854. & 33 Mass:
Revolutionary Claim. June 7-1852
Recorded by _____ Clerk. Book _____ Vol. 1 Page 90

Commonwealth of Massachusetts.
Secretary's Office, Boston :
December 21. 1844.
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 James Capen is borne on a pay roll of Capt. Simeon Leach's Co. Col. Gills Regt. marched from Stoughton to Braintree March 21. 1776. 2 days service as a private.
On a muster roll of Capt. Robert Swain's Co. Col. Gills Regt. from Milton & Stoughton, service at least, as private from Dec r 19. 1776 12 days. Also on a pay roll of Capt. Moses Adams Co. Col. Brooks Regt. as guards at Cambridge, private from Nov. 5. 1777, 4 mos. 28 days.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth the date above written.
W. L. D. D. Secretary of the Commonwealth.

APPLICATION FOR CERTIFICATE OF REVOLUTIONARY SERVICES,
the Person of the party who rendered the service.
State of Massachusetts
County of Norfolk Town of Stoughton
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of the service of James Gapsun a Private in the war of the Revolution.
He was a native of the Town of Stoughton in the County of then Suffolk now Norfolk and State of Massachusetts
He enlisted  was drafted from the Town of Stoughton in the County of Norfolk and State of Massachusetts in the year 1777 as a Private and served in the Company commanded by Captain Moses Adams in Col. Brooks Regiment and he served as follows, * viz:—
At Cambridge as a Private in the Company commanded by Cap. Moses Adams in Col. Brooks Regiment, about five months, between the months of October 1777 and April 1778. - Previous to entering Col. Adams Company I served about two weeks in the Company commanded by Cap. Plington -
I also served about four weeks on Castle Island in the month of Decr. 1776 in the Company commanded by Cap. Robert Swan in Col. Benj. Gill's Regiment.
In addition to the aforementioned time of service I was
* Here describe as fully as may be, the length of service, the rank, &c. of the claimant, or the capacity in which he served, and all other particulars known.

drafted to go to Weymouth and marched for that destination, but on our arrival there, the British had disappeared, and after three days service we were dismissed — at another time, orders came for another draft for the same destination which was promptly made, and we marched, but before arriving at that destination intelligence was received that the Enemy had disappeared, and we were ordered to halt and return home: the time of this service was about two days
The Secretary of State will please bear in mind that the above mentioned time of service is reckoned from the time of marching from home till I was dismissed by proper authority
I am now 93 years old, and my memory does not enable me to state the services more fully than above stated.
WITNESS my hand, this thirteenth day of December A. D. 1849.
James Capen
Signed by said in my presence,
James Capen
Simd Gay
JUSTICE OF THE PEACE.

JAMES CAPEN.
[To accompany bill H. R. No. 429.]
JUNE 23, 1854.
Mr. EDMUNDSON, from the Committee on Revolutionary Pensions, made the following
REPORT.
The Committee on Revolutionary Pensions, to whom was referred the petition of James Capen, have had the same under consideration, and beg leave to submit the following report:
It is proved by the rolls that the petitioner served a period of five months and twelve days. He, however, states upon oath that, including the time spent in going to and returning from the places of muster, he served over six months. He also swears that he was draughted for a term of three years' service, and owing to the sickness of his father he was obliged to hire a substitute. There is no satisfactory evidence furnished that the petitioner actually served six months, thereby entitling him to be placed on the pension roll under the act of June 7, 1832, and to receive arrears of pension from March 4, 1831, to the present time. But, as he probably may have served that length of time, and is now very old and infirm, your committee are of opinion that he should be placed on the pension roll—his pension to commence from March 4, 1851, about the date of his application. They accordingly report a bill for his relief.

James Capen died in Houghton February twenty third eighteen hundred fifty three, Aged, ninety six years, two months, + ten days.
I certify that the above is a true copy from the record of deaths in Houghton, with the exception of the figures which are as follows—
February 23, 1853.
96 Years, 2 Months, 10 Days.
Charles Upham D r Town Clerk of Houghton. County of Norfolk. Mass
Houghton Mass May 3 rd 1855. We the undersigned Sons of the above named James Capen hereby certify & make oath that we were at the residence of our father on the twenty third day of Feb y . 1853, and that he was alive and died in the afternoon of the above named date
Asahel Capen Azel Capen
Norfolk ss Houghton May 3 rd 1855 Then personally appeared the above named Azel & Asahel Capen and made oath that the above certificate by them subscribed is true before me
Simon Gay Justice Of The Peace

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
M.E.C. Inv. 29,686.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C. July 6, 1897.
O. W. & N. DIV, REVOLUTIONARY,
Sir:
Replying to your request for information concerning James Capen, a soldier of the Revolutionary war, you are advised that he made an application for pension on December 13, 1849, at which time he was ninety-three years of age and residing at Stoughton, Mass., and his pension was allowed for his actual service as a private in Capt. Moses Adams' company, Col. B Brooks' regiment, Mass. troops, Revolutionary war. Length of his service not stated. He enlisted at Stoughton, Mass.
Very respectfully,
Commissioner.
Mr. L. C. Capen,
1126 - 12th st., N.W.,
City.

29686
Ray
INVALID.
File No. 29,686
James Capen Rev Rev Rev
Act: June 7 th 32 nd
Index:—Vol. 2, Page 64
[Arrangement of 1870.]
July 699 Hist-4 L.C. Capen city-

O. W. & N. Div.
Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C., ..... 189....
Respectfully returned to the writer, who is requested to furnish, for purposes of identification, as much as possible of the information called for below.
Wm Lockhorn Commissioner.
Full name of soldier:
James Capen
Place of residence before service:
(Town, county, and State, if possible.)
Stoughton Norfolk Mass.
Place of residence after service:
(Town, county, and State, if possible.)
Stoughton Norfolk County Mass.
Date of death (as near as possible):
1854
Christian name of widow:
Jane
Did either he or his widow receive a pension?
Ans. No.
Remarks:
His Heirs think that a claim had been partly granted by U. S. Govt.
Your name and address;
Looking to remuneration for him or his heirs.
L. C. Capen
1126-12 th N.W. 6 th

To the Hon'ble Senate and House of Representatives in Congress.
The petition of the subscriber respectfully sheweth, that he is a revolutionary Soldier and served in the army of the revolution at different times and places and under the several officers as set forth in the accompanying documents made by the Secretary of the Commonwealth of Massachusetts; that he is over ninety three years old, nearly blind and afflicted with other infirmities attendant on old age; Although the documents "relating to Military services in the War of the Revolution" give him pay for only about five & a half months service, yet had he been paid from the time of marching from home on these several times of service, it would have amounted to more than six months time - and all the pay he received for service at Cambridge was one coarse Broad cloth coat . In addition to what I related in my application to the Secretary of the Commonwealth of Massachusetts I was drafted for a three years service, but my father then being sick, I was obliged to hire a man (Joshua Warren) to take my place for which I paid him a bounty of a cow & calf. - In view of these circumstances attending

his services he prays your Honorable body to grant him a pension and place him on the list of pensioners made by an act of Congress, granting pensions to all Revolutionary Soldiers that served in that War, and in duty bound thus ever prayeth My service in Col Brooks regiment as guards at Cambridge Massachusetts, (of which I was a private), from Nov r 5. 1777 four months and 28 days was to guard the British prisoners of war taken at the Surrender of Gen l Burgoyne — I was drafted and arrived at my place in Cambridge for the purpose of such guard a few days before the captured army arrived Stoughton Massachusetts January 10. 1850 James Capen
Commonwealth of Massachusetts - Norfolk County ss January 10. 1850 Then personally appeared the above named James Capen (whom I have known for thirty five years last past) and subscribed the foregoing petition and made oath that the facts therein stated were true and I further cert- ify that I am entirely satisfied of the truth of said statements Eallis — Justice of the Peace

Commonwealth of Massachusetts.
COUNTY OF NORFOLK, ss.
I, JONATHAN H. COBB, Register of Probate, in and for said County, hereby certify, that Samuel Gay Esq. of Shurton was duly appointed Administrator of the goods & estate of James Capen late of Shurton in the County of Norfolk aforesaid yeoman, deceased , at a Court of Probate holden for the said County of Norfolk in April A.D. 1853. & that he is now duly qualified to act as administrator of said estate.
In Witness Whereof, I, the said Register, have hereunto set my hand and affixed the Seal of the Court of Probate for said County, this first day of May one thousand eight hundred and fifty five ,
Jonathan H. Cobb

Stoughton Dec r 8th 1857.
Hon. Horace Mann,
Dear Sir I write you in relation to that Petition of my father, James Capen, and desire you to present the same again to Congress for their consideration. —
A thought has occurred to me, that should it prove parliamentary in your view. I should like to have adopted, that is, — to show these documents contained in the, or rather appended to the petition, to the Pension agent, Auditor, or any other officer of the government who has charge of such business, and ascertain if he be not entitled to a pension without any further aid from Congress. I have been advised by counsel to try this method before presenting it again to Congress, and should you think it advisable or expedient you may so proceed. — There is one circumstance which goes to show that he was out in the service some longer than he has credit for on the rolls. When he was on Castle Island in Dec r 1776 he became twenty one years of age, which occurred Dec r 13 th 1776, and the roll gives him only 12 days from Dec r 19, 1776, he says he was to build the fort with drawing logs out of the water on that day, and that the officers under whom he was enrolled did not arrive till a week after he was 21 years old, at which time the roll was

xxxx dated; - this with the other circumstances and services related in the papers with the petition is pretty strong evidence that he was out at much as six months and you will see also he has testified to the same under oath. However I will leave the whole matter with you for you to dispose of according as your discriminating judgment may dictate
Please write me after you have made a disposal of the papers and oblige
Very respectfully yours
Ansel Capen
P.S. James Capen will be ninety five years old on Saturday next. 13th Decr. -

Stoughton Apr. 16th. 1855
Hon. L. P. Waldo. Commissioner of Pensions
Dear Sir. Having addressed you a letter some time since on the subject of the pension of James Capen, granted by the last Congress, and not receiving any answer I take the liberty of writing you again; — I contemplate making a journey to the west and shall be absent from home some time. Should like to hear from you respecting the pension and have the certificate sent to me, so that I could make a final settlement of the estate before I left home — If the certificate cannot at present be forth coming, then any other information in relation thereto would be of use to me, that I may govern myself accordingly — Please write me soon if convenient — Very respectfully yrs —
Levi Gay. Administrator of the Estate of James Capen late of Stoughton deceased.
Direct to Levi Gay Stoughton Mass Co. of Norfolk.

Stoughton March 19 th /55
Hon. — Waldo Esq. Commissioner of Pensions Dear Sir. A Law having been passed in the first Session of the last Congress, granting a Pension to James Casper a Revolutionary Soldier (see Chap 257) Since that a joint Resolution having passed in the last session instructing the Commissioner of Pensions to pay to the Administrator on the Estate of the said James Casper the amount granted by Congress. Will you have the goodness so to arrange the certificate so that I can get the pension at Boston? and oblige me
Levi Gay Administrator on the Estate of James Casper late of Stoughton
P.S. If this be not the right course to pursue Please inform me what course to pursue L.G.

James Capen, N o 38871 Mass.
Revolutionary Act of 5 th August 1834 & Joint Resolution of 3 rd March 1835
$96 per annum, Com. 4 March 1851, & endg 23 February 1853.
Payable to Samuel Gay Administrator for the benefit of the Ex- residents of the city
Dec r 32 Let to L. Gay 19 th Apr l 55. Samuel Gay Stoughton Mass
N o 38871
Service of Writs etc

Brief in the case of James Capen, deo Norfolk County and State of Mass. Special act 5 th Augt 1834
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Allowed by Special Act of 5 th August 1834 & Joint Resolution of 3 rd March 1835,
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Samuel Gay
Name and residence of Agent
Stoughton Mass
S. Cale Examining Clerk.

Free
Hon
C.C.
Waldo, Commissioner
J. Perkins
Washington
D.C.

Stoughton May 3 rd 1855
Hon. — Waldo Commissioner of Pensions.
Dear Sir I herewith forward you the certificates by you required in the matter of James Capen deceased. If there be any thing more required I will furnish it if it be in my power. Very respectfully yrs
Levi Gay Administrator on the Estate of James Capen late of Stoughton deceased.

Mr Duncan from
The Committee on Invalid Pensions, to whom was referred the petition of James Capen Reports
That the said James Capen proves by the Military Rolls of Massachusetts that he served as a private in the War of the Revolution on three several drafts, a period of five months 12 days. And he states on oath, that including the time spent in going to and returning from the places of muster, he served over six months. He also swears that he was drafted for a term of three years service and owing to the sickness of his father was obliged to hire a substitute at a heavy expense. The Petitioner is over Seventyfour years old and nearly blind.
Upon these facts your Committee report a bill for his relief.

An Act for the relief of James Capen Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
That the Secretary of the Interior be required to place the name of James Capen upon the roll of invalid pensioners, and that the said Capen be entitled to receive the sum of Eight dollars per month during his natural life, to commence on the first day of January Eighteen hundred and fifty-one