Revolutionary War Pension and Bounty Land Warrant Application File R. 2,602, Joseph Curtis, Mass

SERVICE
Mass
Curtis Joseph
NUMBER
R. 2602.
CONTENTS
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Ambrose Mason Joseph Curtis 3776
5. 6. 16. 17. Aug. 27. 1832 Oct. 31. 1832
Page 8.
Ambrose Mason Moriah Epiphany 19
New York
1832

3776
BRIEF in the case of  Joseph Curtis, Moriah,  Co. of Essex  in the State of New York.  (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? It does.  3. How old is he? 80 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.     In 1775 Febry "till sometime in July" private Gen. Cap. T. Biglow, Col. E. Root   Spring 1776 "think in March" 6 Lieut. Cap. Wm Gates.   "After this frequently called out"  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Worcester, Worcester co., Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. Hawett Examining Clerk.

State of New York Essex County ss.
On the 8th day of August 1832 Personally appeared before me Ambrose Mason one of the Judges of the Court of Common Pleas of the said County of Essex State New York Joseph Curtis a resident of the town of Merriick in the County aforesaid aged Eighty years who being duly sworn according to law, doth on his oath make the following "Declaration" in order to obtain the benefits of the act of Congress passed June 7th 1832
That in the month of February in the year 1775 I enlisted as a minute man in the service of the United States under the Command of Capt. Timothy Biglow at Worcester in the County of Worcester in the State of Massachusetts and was im- ployed in guarding military stores and other public property at that place until such time in April following when we were informed of attack of a party of the enemy at Lexington Massachusetts when we marched direct to Cambridge near Boston where we joined Col. Ephraim Doolittle's regiment that in June following when the two armies were engaged on Bunker Hill Col. Doolittle attempted to cross over from Cambridge to join his Countrymen on the Hill but was prevented by arrival of the enemy's ships and barges which opened a galling fire upon them. That I remained at Cambridge until such time in July when Gen. George Washington came to take the Command of the army. I was then dismissed and went directly home to Worcester being sick with the camp distemper as the disease was then called by the soldiers.
That some time in the spring of 1776 I think in March I received a Lieutenants Commission under Capt. William Gates and marched immediately to Providence in Rhode Island the British army having left Boston and took a stand on New Bedford in that state and was there six months to a day that after this and during the revolutionary war I was frequently called out on alarms but rendered no combat service That I know of no person now living who can certify to my service
# was confirmed in 1776 following

That he hereby relinquishing every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any agency of any state
Sworn and subscribed to this 8 th day of August 1832 before me Ambridge Mason a Judge of Asses Can Mass
Joseph Curtis
I hereby certify that after taking down the facts stated in the above declaration from the mouth of the appli- cant I propounded to him the following questions and received from him the answers as they stand annexed to the questions
Question 1 Where and in what year was you born
Answer In Worcester in the County of Worcester in the state of Massachusetts in the year 1752
" 2 Have you any record of your age if so when is it
" I expect a record of my birth may be found in the town records at Worcester aforesaid

" 3 When did you live when you first entered the service where have you lived since the revolutionary war and where do you live now
" I lived in the town of Worcester in the County of Worcester and state of Massachusetts when I first entered the service and lived there until I was thirty eight years of age then moved to Shoreham in the County of Addison in state of Vermont from whence I removed to my present place of residence (Manalapan County N.Y.)
" 4 How were you called into service were you drafted did you volunteer or were you a substitute
" I was a volunteer in all cases where I ever served
" 5 State the names of some of the Regular Officers who were with the troops when you served both Continental and militia Regiments as you can recollect and the General circumstances of your service
" While in the service at Cambridge I was personally acquainted with Gen. Artemas Ward Gen. George Washington and
" Gen. — See the circumstances of my service as contained in my
" 6 Did you ever receive a discharge from the service and if so by whom was it given and what has become of it
" I never received any written discharge, when ever we were released from any service we received what was called a pass, but I have not preserved any one as they have long been supposed to be useless
" 7 Did you ever receive a Commission if so by whom was it signed and what has become of it
" I received a Lieutenants Commission signed by Col. Ebenezer Dyer in March 1776 but it was lost with a trunk containing many other papers, while moving from Worcester (Mass.) to Shoreham (Vt.)
I am left alone a Judge of Essex Co. Mass.

I hereby further certify that I have been personally acquainted with Joseph Curtis for about twenty four of the last years that he has supported a good character for truth and veracity that I have often heard him speak of being a soldier of the Revolution and that I very believe him to have such. And that he is now an infirm old man in my opinion unable to attend before the County Court of this County at the regular sessions without suffering material bodily injury - And that I am well acquainted with Gresham Lane a Clergyman of this place and Benjamin Foster who has up sworn and subscribed to the certificate hereunto annexed and that the statement in the said Certificate contained is entitled to credit.
Amos base Mason a Judge of Superior Court pleas

Acts of July 14, 1862, and March 3, 1873.
2602
P. O. _____
Joseph Curtis
Service: _____
Enlisted: _____, 18
REJECTED
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Joseph Curfus
New York
Act 7 th June 1832
Suspended See letter to Mr. Mason April 8 th 1833
2602

Joseph Curtis
New York
Act 7 th June 1832
Suspended See letter to Mrs. Mason April 3 rd 1833
2602

30 oct 1832.

3776
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 Curtis which require further proof or explanation.
I. Does the declaration show where the applicant resides? It does.
II. Did the declarant make the declaration in the county where he resides? He did
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? He has.
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? He has not
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
He has not
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? He has
VIII. Has the Court given their opinion? It has
IX. Has the Clerk given his certificate? He has
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? It is, & is so distinguishable.

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? He has.
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? He has.
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
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?
XVI. ‡ Are the papers authenticated as the regulations direct? They are not.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1 2 3 4 5 6 are not.
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.
† 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 affidavits must be properly authenticated, as above directed.
‡ 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.

We Gershom Lane of Clergyman of the town of Mariah in the County of Essex and State of New York and Benjamin Foster — of the same place do hereby Certify that we are well acquainted with Joseph Curtis who has sworn and subscribed to the above decla- ration that we believe him to be Eighty years of age that he is respected in his neighbourhood to have been a soldier of the revolution and that we concur in that opinion
Gershom Lane Benjamin Foster
The Secretary will please direct his communications to Ambrose Mason Esq. Mariah Essex County N.Y. who is duly authorized to receive and answer any communication on the subject of this claim
Joseph Curtis

Mr. Cook Dear Sir, I have the honor to acknowledge the receipt of your letter of the 14th inst. and in reply to inform you that the same has been forwarded to the proper authorities for their consideration. I am, Sir, your obedient servant, J. M. [unintelligible]
766/30

966
State of New York County of Essex I Edward W. Williams deputy Clerk of the County of Essex and acting Clerk in the absence of the Clerk do hereby certify that the Bishop of Newark is a Judge of the Court of Common Pleas in and for the County of Essex duly appointed and sworn and that I am well acquainted with his hand writing and know the signature of Bishop Newark without matter to be his own proper hand writing. The Testimony whereof I have hereunto set my hand and affixed the Official Seal of the said County this 22 nd day of August 1832
E. Williams Deputy Clerk

Personally appeared before me Andrew Mason one of the Judges of the Court of Com- mon Pleas of the County of Essex and State of New York who being duly sworn according to law deposes and states that by reason of old age and the consequent loss of memory he can- not swear positively as to the 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 order—
That the first enlistment as mentioned in my "Decla- -ration" from February 1775 until July following would amount to at least six months actual service and if the time of my confinement by reason of sickness after leaving the Camp should be included it would amount to not less than seven months service as a private soldier—
That in March following (1776) I received a Lieutenant's Commission and served as such Lieutenant as stated in my said Declaration for a term of time not less than six months and that the other amount of my actual service in the Revolutionary war as a private soldier and an officer of the grade of Lieutenant as above stated did not amount to less than one year and if the time of my sickness should be included after leaving the Camp (being then taken sick) it would amount to at least one year and one month making in all one year and one month

No 3776
and for such service retain a pension
That from the infirm state of my recollections at this time I am unable to state any further particulars respecting the officers of the army than what I have done in my "Declaration"
That the answers to the six first interrogatories are a mere statement of the simple facts. I can give no other answers to them altho' they appear to be unsatisfactory to the Department — And further as the not
Sworn and Subscribed to this 27th day of December 1832 before me
Joseph A. Curtis
Ambrose Mason a Judge of Court Court Martial
My remarks contained in the additional papers returned in the case of Rufus Mason touching the authentication of the papers are applicable to this case.
Ambrose Mason Judge