Revolutionary War Pension and Bounty Land Warrant Application File S.15778, Phinehas Clary, Mass.

SERVICE
NUMBER
Mass
Clarif, Phinehas
S. 15778
leaded
CONTENTS
1032 78 1154

80
Franklin
15266.
Massachusetts
Phinehas Clark
of Franklin in the State of Mass who was a Private in the company commanded by Captain _____ of the Reg t commanded by Col d Ruggle in the Mass line for 9 Mos 22 Days
Inscribed on the Roll of Mass at the rate of 32 Dollars 44 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 th day of June 1833 and sent to Albany Franklin County
Arrears to the 4th of Mar 1833 $64.88 Semest. allowance ending 4 Sept " 16.22 $81.10
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H McBlain Clerk, Book 8, Vol. 2, Page 11.

Phinehas Clary
Leverett
17433

Physical Clarity Militia
1864
and, since his death, to have the same continued for the term of one year from the date of his death, and to have the same paid to his widow, if she be alive at the time of his death, and if not, to his children, share and share alike, and if he have no children, to his parents, share and share alike, and if he have no parents, to his brothers and sisters, share and share alike, and if he have no brothers and sisters, to his next of kin, share and share alike, and if he have no next of kin, to the State of New York, for the use of the public schools of the State.
and, in the event of her death, to have the same continued for the term of one year from the date of her death, and to have the same paid to his children, share and share alike, and if he have no children, to his parents, share and share alike, and if he have no parents, to his brothers and sisters, share and share alike, and if he have no brothers and sisters, to his next of kin, share and share alike, and if he have no next of kin, to the State of New York, for the use of the public schools of the State.
and, in the event of her death, to have the same continued for the term of one year from the date of her death, and to have the same paid to his children, share and share alike, and if he have no children, to his parents, share and share alike, and if he have no parents, to his brothers and sisters, share and share alike, and if he have no brothers and sisters, to his next of kin, share and share alike, and if he have no next of kin, to the State of New York, for the use of the public schools of the State.
and, in the event of her death, to have the same continued for the term of one year from the date of her death, and to have the same paid to his children, share and share alike, and if he have no children, to his parents, share and share alike, and if he have no parents, to his brothers and sisters, share and share alike, and if he have no brothers and sisters, to his next of kin, share and share alike, and if he have no next of kin, to the State of New York, for the use of the public schools of the State.

Commonwealth of Massachusetts.
FRANKLIN COUNTY ss.
ON THIS sixteenth day of August A. D. 1832, personally appeared in open Court, before the said Commonwealth, now sitting at Greenfield within and for the said County of Franklin, Phinehas Clary a resident of Leverett in the County and Commonwealth aforesaid, aged sixty eight years, 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 under the following named officers, and served as herein stated. that is to say:
I the said Phinehas Clary immediately after the battle of Lexington, enlisted into the Company of Militia commanded by Capt. Newcomb Dickinson in Col. Ruggles Woodbridge's Regiment went to Cambridge near Boston, where I remained in that vicinity until the first of January following, when I was discharged. having served the term of eight months, & some days over. In the spring of the year 1777. I enlisted into the Company of Capt. Hovey, Lt. Alvord & Ensign Gilbert, at Lowell of which the Company was composed of people from said Lowell & Manchester in said County, we marched through Lancaster, to Fort Belcher, then to the Fort at the lower end of Lake George, then to Ticonderoga where we were encamped; on our way home we passed the Battle Bridge near the Shenipsit River, where we saw one of the British Regiments in full retreat, & I was with the British Army. I was born in said Lowell, 6th 
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 aforesaid.
Attest E. Alvord Clerk
Phinehas Clary
WE, William Hubbard of Lowell aforesaid, & Joel Smith
residing in Deerfield in said County, hereby certify that we are well acquainted with Phinehas Clary who has subscribed and sworn to the above declaration; that we believe him to be sixty eight 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.
Wm Hubbard Joel Smith
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 William Hubbard who has signed the preceding certificate is resident in Leverett , and that Joel Smith who also signed the same is resident in Deerfield both in said county, that they are both credible persons, and that their statement is entitled to credit.
Attest E. Alvord Clerk
I, ELIJAH ALVORD, Clerk of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Phinehas Clary for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my Hand and affixed the Seal of the said Court, this sixteenth day of August in the year of our Lord one thousand eight hundred and thirty two
E. Alvord Clerk

17433 Thomas Clary Mass
Private 9 mos & 22 days Alma
$ 32.44.
E. Alford blk Court, Franklin Co Mass

County BRIEF in the case of  Phinehas Clary  Franklin of Franklin  in the State of  Massachusetts  (Act 7th June, 1832.) 
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78 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.     Enlisted In 17 1777 ~ 8 7 private Capt Lockelson { C. Ruggles Brannen { Woodbridge   " 1777 ~ 1 15  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Boston Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary & 2 living witnesses who testify to the first four long service and able  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.
J. Mayett Examining Clerk.

15778 INVALID.
File No. 15778
Nicholas Clary
Pre Civil War
Act: June 7 th 32
Index:—Vol. 1 , Page 70
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Phinehas Cleary which require further proof or explanation.
I. Does the declaration show where the applicant resides? Y II. Did the declarant make the declaration in the county where he resides? Y 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? Y 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? Y VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Y VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Y VIII. Has the Court given their opinion? Y IX. Has the Clerk given his certificate? Y 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? Y

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? 2 Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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? Sincerely M. A. Nels for the first time and
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?
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? ys
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ys
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? ys
XVI. ‡ Are the papers authenticated as the regulations direct? ys
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2, 6
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.

Phinehas Colary
Jon a Dickinson } Aff John Dickinson }
Phinehas Colary

I Jonathan Dickinson of Amherst in the county of Hampshire and Commonwealth of Massachusetts do testify and say that on the 21 st day of April A.D. 1775 I left my home and joined the army at Cambridge, that I enlisted and served in Capt Reuben Dickinson's company, and Col. B. R. Woodbridge's Regiment until the first of January following that I was a sergeant in the company and was well acquainted with Phineas Clark of Leverett, and do know that he served in the same company with me during the period aforesaid, and was discharged when the rest of us were, after a service of a little more than eight months, according to the best of my recollection. I am Jonathan Dickinson
Commonwealth of Massachusetts
Hampshire ss. Personally appeared Jonathan Dickinson the subscriber of the above deposition and made solemn oath to the truth of the facts therein stated. Before me Osborn Baker Justice of the Peace June 12. 1832.
I John Dickinson of Amherst in the county of Hampshire and Commonwealth of Massachusetts before and say that immediately upon hearing the news of the battle at Lexington in April A.D. 1775 I left my home in Hadley and joined the army at Cambridge, that I enlisted and served in Capt Reuben Dickinson's company and Col. Benjamin Russell Woodbridge's Regiment, that I was well acquainted with Phineas Clark of Leverett, and do know that he served in the same company with me, during the period aforesaid, and according to the best of my recollection, was discharged with the rest of us on or about the first of January following, after a service of a little more than eight months. John Dickinson
Commonwealth of Massachusetts
Hampshire ss. June 22. 1832 - Personally appeared John Dickinson the subscriber of the above deposition and made solemn oath to the truth of facts therein stated -
Before me Osborn Baker Justice of the Peace

And I further certify that Jonathan Dickinson and John Dickinson are persons with whom I am well acquainted and that their character for veracity is good
Orryn Baker
Commonwealth of Massachusetts
Hampshire
I Nathan Stoddard Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire do certify that Orryn Baker Esquire whose signature is affixed to the within and above certificates was at the date thereof a Justice of the peace within and for said County duly Commissioned and acting under the authority of this Commonwealth and that full faith and credit is and ought to be given to his acts and attestations done in that capacity - and that the signature to said certificates is known by me to be the hand writing of the said Orryn Baker.
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this tenth day of August in the year of our Lord one thousand eight hundred and thirty two -
N Stoddard Clerk

BOUNTY LAND WARRANT RECORD CARD*
NAME Blary, Samuel GRADE Private LINE Connecticut
WARRANT NUMBER 5657 ACREAGE 100 ISSUED Apr. 6, 1795 to — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.