Revolutionary War Pension and Bounty Land Warrant Application File S. 30329, John Clark, Mass

SERVICE
NUMBER
Mass
Clark, John.
S 30329
CONTENTS

15368
Massachusetts
John Clark
of Worcester in the State of Mass who was a Private in the Company commanded by Captain Howell of the Age commanded by Col Sylv in the Mass line for 6 months & 14 days
Worcester
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars 11 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of June 1835 and sent James Draper, Spencer Mass
Arrears to the 4th of Mar '33  $40.22 Semi-ant. allowance ending 1/28/33  10.05 $50.27
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Adron Clerk, Book 6 Vol. 2 nd Page 12
74 Worcester

Declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.
State of Massachusetts } ss. County of Worcester }
On this Eleventh day of Feb y AD 1833, personally appeared in open court, before me Nathaniel Paine Esquire, Judge of the Court of Probate for the said County of Worcester now sitting John Clark a resident of the Town of Spencer in the County of Worcester and State of Massachusetts aged seventy two 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That sometime in the month of July 1779, the said John Clark enlisted into a company of Massachusetts State troops for the term of six months, in the company commanded by Capt. Luke Howell, in the Regiment com- manded by Col. Nathan Tyler, and the name of the Lieutenant according to the best of my recollection was Lewis Colburn. That my- self with the rest of the company, sometime in said July marched from Stoughton, in Massachusetts, to Providence, Rhode Island, and was stationed there, about four months as near as I can recollect, guarding the military stores the principal part of the time, then we were marched to Newport R. Island, and arrived there the next day after it was evacuated by the British troops, we remained at Newport until we were discharged which was sometime in the fore part of January 1780, the whole company being discharged at the same time. Also, sometime in the month of July 1780, there was an alarm at Rhode Island and troops were sent for from the town where I lived being Stoughton, aforesaid, and many other towns in that vicinity, and myself, with others turned out under Capt. Nathaniel Hammond, in Col. Whites Regiment, the cause for the alarm soon subsided and we were discharged sometime in the month of August, after, being out but a few days, the number of days I had forgotten but find it to be nine days, according to the re- turn in the Secretaries office for Massachusetts. Also, sometime in the month of March 1781, I again enlisted into a company of Mas- sachusetts Militia or State troops, commanded by Capt. Staples Cham- berlain, in Col. Deans Regiment. The enlistment was for the term of forty days, and the tour of duty to be performed in the

State of Rhode Island. Our services were not needed, however, but a few days, and we were discharged sometime in the same month of March, being out only seven days. All the above terms of service being more than Six months, and according to the records in the Secretary's office of Massachusetts, being Six months and one day. Said John Clark was born in Canton, formerly a part of Stoughton, Mass. August 11, 1760, and suppose the record of my birth is in the Clerk's office in said Stoughton. Lived in Stoughton aforesaid where he entered into all the terms of service aforesaid, and lived there until the year 1790, when he removed to the town of Spencer, Mass. where he has lived ever since, and where he lives now, was never drafted, and has never received a written discharge. My friends may be had to Henry Watson, Esqr. to Major Eli Prouty or to Washington Hill, who are some of my neighbours and who can testify as to my character for truth. Have no documentary evidence, except from the rolls and records of the Secretary's office, a certificate from Edward D. Bangs, the Secretary is herunto annexed.
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.
Attest James Draper John H. Clark
Sworn to and subscribed the day and year aforesaid. Before Nathl. Same Judge of Probate for the County of Worcester
We Levi Packard, a Clergyman, residing in the town of Spencer, aforesaid, and William Pope Esquire, residing in the same town of Spencer, hereby certify that we are well acquainted with John Clark, who has applied for a pension as above that we believe him to be seventy two years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution, and that we concur in that opinion. Levi Packard William Pope Feb. 1833. Before me James Draper Just Peace

23748 Gov Clark Mass
Ph at 6 Mar 1 day
me
James Draper Spencer Mass

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 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, showing the Service of John Clarke Gloucester Co Mass
   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.     Enl'd 1779 — 5 15 priv Capt Dorrill Col Tyler " from May to Nov 1779 aged 72 Documentary   " 1780 — — 9 — Sammond White " Newport Stoughton Evidence   " 1781 — — 7 — Chamberlain Lean " Rhode Mass Only  
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) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____, who has 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 he 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.
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 [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

1 00,000 8,303 29 L. W. B. Quar
January 22, 1897.
Sir:
Replying to your request for information concerning the military record of John Clark , a soldier of the Revolutionary War, you are advised that he made an application for pension on Feb. 11, 1833, at which time he was 72 years of age and residing at Spencer, Mass., and his pension was allowed for six months and one days' actual service as a private in the Mass. troops, Revolutionary War; a part of the time he served under Capt. Howell and Col. Tyler. He enlisted at Stoughton, Mass.
Very respectfully,
Acting Commissioner.
George T. Howland
North Hadley,
Massachusetts.

North Hadley, Mass.
Dec. 21, 1896.
Sir:—
Will you please give me what information your records furnish in regard to John Clark who died in Spencer, Mass., Jan. 12, 1837, aged 77 yrs.
His first wife was Keziah Smith who with him came from Houghton, Mass. The widow he left at his death was Elizabeth, who was the widow of Elisha Prouty when he married her.
I suppose someone got a pension in consequence of some service which said John Clark rendered his country.
I would like to know what the pension was for & what service was rendered when &c &c — Thanking you for the trouble I ask of you, I remain,
Yours truly, Geo. D. Howe.

to
Stoughton & Spencer 30 329
Rev INVALID.
LHB
File No. 30 329
John Clark Rev Rev War
Act: June 7 th 1891
Index: —Vol. 2 , Page 74
[Arrangement of 1870.]
Jan. 22-1891. History Mr. George D. Howes North Hadley, Mass.

John Clark
22748
11

3  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 certify that it appears to them that Levi Packard who has signed the preceding certificate, is a clergyman resident in the town of Spencer, aforesaid, and that William Pope Esquire, who has also signed the same, is a resident in the same town of Spencer and is a Justice of the Peace and a creditable person, and that their statement is entitled to credit.  NATHAN PRINCE Attest James Draper Judge of Probate for the town of Worcester John Clark
Worcester ss. Commonwealth of Massachusetts — I, Shephard Wheeler Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Clark for a Pension — and that James Draper, before whom the annexed affidavit was made, is a Justice of the Peace in the said County of Worcester, and that the signature purporting to be his signature is genuine —  In testimony whereof I have hereunto set my hand & affixed the seal of the said Court this eleventh day of February in the year of our Lord one thousand eight hundred and thirty three.  Shephard Wheeler Regd of Probate Court

Commonwealth of Massachusetts.
Secretary's Office, Jan y 14 th 1833.
* 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 John Clark served in Capt n Luke Howells Co y in Col o Fyler's Reg t from July 20 th 1779 to Jan y 1 st 1780 in Five months & fifteen days. - He also served under Captain Nath l Hammond in Col o White's Reg t from July 30 to August 8 th 1780 Nine Days. He also served under Capt n Stephen Chamberlain in Col o Dews Reg t from March 11 to 14 th 1781 in Seven days, including extra days for mileage as on the Rolls, filed in this Office.
Edward D. Bangs Secy
ms: w need reg d paid for