Revolutionary War Pension and Bounty Land Warrant Application File S. 5342, Malachi Delano, Mass.

SERVICE
NUMBER
Mass.
Dilano, Malachi
S. 5342
enrolled
CONTENTS

15488 Massachusetts
Melachi Kelanc, of Plymouth in the State of Mass who was a Private in the Company commanded by Captain Watson of the Regt commanded by Colonel in the Mass line for 18 months
M
84 Plym
Inscribed on the Roll of Massachusetts at the rate of 10 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 18th day of June 1833 and sent to J. H. Dyer Plymouth Massachusetts
Arrears to the 14th of March 1833 $120.00 Semi-ann. allowance ending Feb 14th 30.00 $150.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. D. Dyer Clerk Book 2 Vol. 2 Page 17

Malachi Delano
8640

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this Twenty first day of August 1832, personally appeared in open Court, before Hon: Wilky Wood Judge of the Court of Probate for said County now sitting at Duxbury within and for said County of Plymouth, Nathaniel Delano a resident of Duxbury in said County of Plymouth, and Commonwealth of Massachusetts, aged eighty three 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. 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. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
Enlisted into the Company commanded by William Weston in June or July 1776 & served six months at the Gurnet at the entrance of Plymouth harbor Andrew Sampson was our Lieutenant. Enlisted again Jan'y 1 1777 into the same company then commanded by our former Lieutenant Col. Andrew Sampson for twelve months & served my time out at the same place viz at the Gurnet at the entrance of Plymouth harbor & was there discharged our force consisted of one company & we had no higher officers than Captain the company was raised by the authority of the state of Mass. I have always lived in Duxbury where I was born in the year 1749. I have no written discharge. Was in no battle. I am known to Rev. Benjamin Root. Major Judah Alden & other citizens of said town. My birth is not on record.
Nathaniel Delano

Sworn to and subscribed by the within named Malachi Delano the day & year aforesaid
Attest Jacob H. Lord
Register
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

We, Benjamin Kent a clergyman, residing in the town of Duxbury and Judah Alden Esq. residing in the town of Duxbury hereby certify, that we are well acquainted with Malachi Delano who has subscribed and sworn to the above declaration; that we believe him to be  years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Benjamin Kent Judah Alden
Sworn to, and subscribed, the day and year aforesaid.
Attest Jacob H. Lord Register
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Benjamin Kent who has signed the preceding certificate, is a clergyman, resident in the town of Duxbury and that Judah Alden Esq. who has also signed the same, is a resident in the same town and is a credible person, and that their statement is entitled to credit.
By the Court, Attest Jacob H. Lord Register
I, Jacob H. Lord 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 Malachi Delano for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty first day of August in the year of our Lord one thousand eight hundred and thirty two .
Jacob H. Lord

Malachi Delano
Print 18 Months
14 06 May 8 1893
P. 382
8640
Hn J L Hoge Print
J H Lond En Glynn Miss

BRIEF in the case of  Melachi Delano  County of Plymouth  in the State of  Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83.  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.     In 1776 — 6 — private Capt. Weston   1777 1 — — " Lieut. General Patten  
 5. In what battles was he engaged? no battle  6. Where did he reside when he entered the service? Duxbury Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional one living Witness  8. Are the papers defective as to form or authentication? and if so, in what respect?  The Credibility of the living Witness is not sufficient 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Rev War
5342 INVALID.
File No. 5342
Malachi Delano Print Rev War
Act: June 7 th 1832.
Index:—Vol. M , Page 93
[Arrangement of 1870.]

8640
Malachi D. Dillane.
J. H. Lord Esq
Plymouth
Mass
Certificate of age

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

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? yy 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? yy 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 — undoubtedly not, unless Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yy  Excep 2 d
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.

Meliora D. Doro

To whom it may concern I Andrew Samson of Duxbury in the County of Plymouth Mass. Certify that Malicah Delano of Duxbury aforesaid an applicant for a pension under the act of Congress of June 7 1832 was a soldier in the war of the Revolution & served eighteen months in the years 1776 & 1777 - or six months in the year 1776 in the Company of which I was first Lieutenant commanded by Wm Weston the twelve months in the year 1777 in the Company under my command The whole of said 18 months was performed at the Gubnet at the entrance of Plymouth Harbor given under my hand at Duxbury this 28 day of July 1832 — Andrew Samson
State of Mass } Plymouth ss } Sworn to & subscribed the day & year above written before me
State of Massachusetts } Plymouth ss
Seth Sprague Justice of the Peace
May 18 1833 I Certify that Andrew Samson the above deponent is a man of good character & his testimony is entitled to credit Seth Sprague Justice of the Peace

Commonwealth of Massachusetts.
Plymouth Y. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that Seth Sprague Jr. Esq. is a Justice of the Peace and that his name within subscribed is his true & genuine signature.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty first day of August in the Year of our Lord one thousand eight hundred & thirty two.
Jacob H. Lord