Revolutionary War Pension and Bounty Land Warrant Application File S. 28983, Josiah Battelle, Mass.

SERVICE
Mass.
Battelle, Josiah
NUMBER
S. 28983
CONTENTS

15149
Massachusetts
Isaac Battle
of Dover in the State of Massachusetts who was a private in the Company commanded by Captain Benson of the regt commanded by Col Putnam in the Mass. line for 9 mo.
Inscribed on the Roll of Massachusetts at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of May 1833 and sent to Mrs. Isaac Battle
Arrears to the 4th of March 1833 $100.00 Semest. allowance ending 4 Sept. 15.00
$75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Wilder Clerk, Book E Vol. 2 Page 3

I William Clark of Sherburne in the County of Middlesex and Commonwealth of Massachusetts, do testify and say, that I was Born in Sherburne in the year A.D. 1753. I was in the service of the United States of America in the American Revolution from 1777 to 1780 in the Company commanded by Capt. Joseph Morse. Col. Rufus Putnam commandant of the Regiment, and Jon a Vixon Brigadier General of our Troops. I further testify and say, that Josiah Battle of Dover in the County of Norfolk, was a private soldier in our Brigade and Regiment, in the company of Capt. Joseph Morse or in the company commanded by Capt. Benson. That said Josiah Battle entered into the United States service in the year A.D. 1777 in the spring or summer of that year, and after serving as a soldier nine months, he was honorably discharged from the Army. I believe I am not mistaken in the year of his service, it was the year after the capture of the British General Burgoyne and his Army. During the time of said Battle's service, the Army was stationed at Westpoint & Fishkill and in that vicinity. I served in the Army about four years and eleven months. I saw saw said Josiah Battle daily when in the American service, and have lived within a few miles of him ever since and am well acquainted with him ever since, until this time; And further saith not William Clark
Commonwealth of Massachusetts.
Middlesex ss. On the twenty fifth day of July, in the year of our Lord one thousand eight hundred and thirty two. William Clark the aforesaid deponent was examined, and cautioned and sworn agreeable to law, to the deposition aforesaid by him subscribed, taken at the request of Josiah Battle of Dover by reason of the advanced age of the deponent and to be used by said Josiah Battle for the purpose of establishing his claim as a United States Pensioner agreeable to a law passed by congress the 7 th day of June A.D. 1832. Chester D. Dyer, Justice of the Peace.
For. Service Pension Certificate of Admissions to Service & Discharge of Service in the War of 1812-1815 J. Ware.

The extension roll under the act of 18 as a application, he was residing at
in the
and that the time
that he was out in March & April 1778 seventeen days & guarded Burgoyne's baggage from Roxbury to Rhode Island that his name is borne on the pay roll of Capt. Ebenezer Butts Company Col. M c Intosh Regiment which pay roll he exhibits before the Court but cannot send it to the Secretary of War as it belongs to another person. has no documentary evidence except the enclosed -
We Ralph Sanger a Clergyman residing in the District of Dover & Silas Bacon resident in said Dover hereby certify that we are well acquainted with Joseph Battell who has submitted a claim with above declaration that we believe him to be seventy six years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution. we concur in that opinion
Ralph Sanger Silas Bacon
And the said court do hereby declare their opinion after the investigation of the matter, that the abovenamed applicant was a revolutionary soldier and served as he states, Joseph Battell that Ralph Sanger who has signed the annexed certificate is a Clergyman and Silas Bacon who has signed the same that both are now living and that the claim is entitled to consideration.
I James Mace Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Battell for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
James Mace

the pension roll under the act of 18 as a in the  and that the time application, he was residing at
that he was out in March & April 1778 seventeen days & guarded Burgoyne's baggage from Roxbury to Rhode Island that his name is none on the pay roll of Capt. Ebenezer Dutton's Company, Col. M c Intosh's Regiment which pay roll he exhibits before the Court but cannot send it to the Secretary of War as it belongs to another person. has no documentary evidence except the enclosed -
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.
J. Ware
Josiah X Battelle mark
And the said court do hereby declare their opinion after the investigation of the matter, that the abovenamed applicant was a revolutionary soldier and served as he states, faithfully that Ralph Sawyer who has signed the annexed certificate is a clergyman that Silas Bacon who has signed the same that both reside in Dover & that their statement is entitled to credit.  M c Williams J.P.
I Jacobs Ware Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Josiah Battelle for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Jacobs Ware

Commonwealth of Massachusetts.
County of Norfolk ss. On this twenty first day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable John D. Sleeper of the Court of Common Pleas now sitting at Dedham in and for said County, Josiah Bartlett a resident of Dover in said County, aged seventy six 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 on the 15th July 1752 at Dover then Dedham that as supposed his birth is on the town records : THAT he was in the United States service from the day of June A. D. 1778, to the day of March A. D. 1779, as a private in the Infantry : that he was residing at Dedham in that part now Dover when he entered the service ; that he enlisted for the term of nine months and served for the period aforesaid under the command of Capt Benoni Dyer in Col Rufus Putnam's Regt Gen Nixon's Brigade, Massachusetts line, that he performed said service in the State of New York near West point, through battle and was discharged in March 1779 near White Plains. and left the service on had no written discharge but while in said service had a pass signed by Joseph Morse Capt and Gen Nixon B.G. which is annexed to this declaration. William Clarke of Sherburne in the County of Middlesex I well know while I was in the Army although he was not in the same company ALSO : that he was in the United States service from the with me day of A. D. 17
A. D. 17, as a in the day of : that he was residing at when he entered the service ; that he and served for the period aforesaid under the command of : that he marched from through : that he was in battle and left the service on ALSO : that he was in the United States service from the day of A. D. 17, to the day of A. D. 17, as a in the : that he was residing at when he entered the service ; that he and served for the period aforesaid under the command of : that he marched from through : that he was in battle and left the service on

BRIEF in the case of  Joseph Battille  u.  of  Louis  in the State of  Miss.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 years  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. As a Gen.     June In 1791 9 Private Capt. Babin Col. Pitman  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Louis Miss.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
N. H. Gault Examining Clerk.

28 983 Revg INVALID.
File No. 28,983
Joseph Battelle
His Rev. wife
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 24
[Arrangement of 1870.]

Josiah Battelle Mass.
525982

New Milford Oct. 24 th 1841
Permit the bearer Jonah Battle of Capt. Denson's Company to pass the Guards and return again to Morrow Morning Joseph Morre Capt Jn. Nixon B 1

French Battle
Annual 9 months on roll of Service adm'd
Mac Cudham man

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Joseph Battelle Dover Ohio which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? No 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? Yes 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? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes 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? Yes

 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? no  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? no   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? yes    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? yes  XVI. ‡ Are the papers authenticated as the regulations direct? yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
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.