Revolutionary War Pension and Bounty Land Warrant Application File S. 29757, Zebediah Dean, Mass.

SERVICE
NUMBER
Mass-
Dean, Zebadiah
S. 29757
CONTENTS

21.453
Massachusetts Zebadiah Dean
Nashua, in the State of Massachusetts who was a Private in the Comp. commanded by Captain Leavitt of the Regt. commanded by Col. Ashley in the Mass. — time for 7 months —
the
Inscribed on the Roll of Massachusetts at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of Sep. 1833 — and Sutto H. C. Bishop Secy
Arrears to the 4th of Sep. 33 $ 58.33 Semi-ann. allowance ending 4th 36 11.66 $69.99
Revolutionary Claim, for June 7, 1832. G. O. Stiles
Recorded by G. O. Stiles Clerk Book E. Vol. 2. Page 18

Dead
Paid at the Treasury under the Acts of the 6 th April 1838. from 4 th March to 30 th July 1839. the day of his death. Aged notified 8 th Oct 1840
77
Berkshire

Abiah Dean Application for Pension New Marlboro. Ms.
Augt 15 1832
17414
H. M. Bishop Lenox Mass

Deming Vol 18. 177 - Apr & May 77 - To NY. in 2589 L + 183 - P 241 - X

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this Fifteenth day of August 2 A. D. 1832 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting, Zebediah Dean a resident of the town of New Marlborough in the County of Berkshire and Commonwealth of Massachusetts, aged seventy five 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 he was born in Montville so called in Connecticut - That he has resided in New Marlborough sixty two years and was a resident of that place when he entered the service of the United States
That in the year 1776 he was a volunteer and served as such in a company of Militia commanded by Capt. Jonas Wheeler, under Major Gilead Jackson; That he entered this service in July or August and served two months, at which time he marched from New Marlborough to the Highlands on the Hudson River - That in the same year he served one month as a volunteer in the company commanded by Capt. Samuel Warner, when we marched to Kinderhook in the state of New York - This was in the fall of the year.
That he served as a volunteer two months in the early part of the season of 1777, in a company commanded by Lieut. Eli Harmon in Col. Ashley's Regiment, at which time we marched to Fort Edward, Fort Miller and to Fort Ann,

This was at the time Genl. Schuyler was retreating, in That a short time previous to the surrender of Genl. Burgoyne he served as a volunteer in the company of Capt. Elijah Dunning and Col. Ashley's Regiment, Genl. Fellows Brigade, and marched to Bemis heights where we were under the command of Genl. Gates - The Sabbath previous to the last Battle at the surrender of Burgoyne marched down to Stillwater & crossed the River, then marched up on the East side of the River to Batten Kill, where we stayed & threw up a breast work to prevent the British passing up the River - That he served at this time two months
He was born in 1757 -
He has no record of his age except in his Bible, which is in his possession
He lived at New Marlboro. When called into service and has lived there ever since.
He volunteered in the service.
He can state the name of Genl. Nixon & also his Brother Col. Nixon, who were regular officers in a Brigade lying near to us - also Genl. Gates - Genl. Arnold - Genl. Lincoln were at the same service
He received one discharge & has no recollection of receiving any other - That discharge was burnt in my house about 30 years ago when my House was burnt.
He has no other & does not know that he can procure any other proof of his service except the Depositions hereto annexed of Mr. Phineas Norton and the Certificate of Daniel Merrill, whose Deposition He will endeavour to procure & annex to this Statement.

I am known to the Rev. Sylvester Burt formerly of New Marlboro. and Mr. Stephen Stevens of the East part of Sheffield, who will certify as to character & their belief of services.
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
Deborah Dean
Sworn to, and subscribed, the day and year aforesaid.
William P. Walker Judge of Probate
We Sylvester Burt a Clergyman, residing in the town of Great Barrington, and Stephen Stevens residing in Sheffield hereby certify, that we are well acquainted with Deborah Dean who has subscribed and sworn to the above declaration; that we believe him to be seventy five 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.
Sylvester Burt Stephen Stevens
Sworn and subscribed, the day and year aforesaid.
W. P. Walker J.P.
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 Sylvester Burt, who signed the preceding certificate is a Clergyman, resident in the town of Great Barrington in the County of Berkshire and Commonwealth of Massachusetts and that Stephen Stevens who has also signed the same, is a resident in the town of Sheffield in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W. P. Walker J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Deborah Dean for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this fifteenth day of August in the year of our Lord, one thousand eight hundred and thirty two.
Henry W. Bishop Register of Probate

17414 Zebediah Dean Mass
Private 7 Months
14 H G Co
June 3 d 1835
P. 412
666 666 111  5877
Mr Bishop Lenox Mass

BRIEF in the case of Zebediah Dean County of Berkshire 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? 75 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.     Vol In 1776 — 3 — private Genl. Goffe   "  1777 — 2 — — Capt. Wheeler M c Glendon   " — — 2 — — Warner   " — — 2 — — Hammond Col. Ashley   Stearns — Same  
 5. In what battles was he engaged? at Burgoyne's defeat,  6. Where did he reside when he entered the service? New Marlborough Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional & 2 witnesses to apart. 1 testified to be credible & the other not the same  8. Are the papers defective as to form or authentication? and if so, in what respect? not attached 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Forlagett
Examining Clerk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
October 2 d , 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The Legal Rep ts of Zebediah Dean, a Pensioner on the Roll of the Massachusetts Agency, at the rate of Twenty three Dollars and 33 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 30 th July 1839. the day of his death.
Respectfully yours,
acting J s Leavitt Comptroller.
To the Commissioner of Pensions, Present.

17484 Zebadiah Dean
certifying officer should accompany the papers. In every case where the clerk of the court, or other certifying officer, has no public seal of office, the seal of office of the certifying officer, so as to prevent any paper from being improperly written on the same sheet of paper, which contains the affidavit, or other paper authenticated, the cer- tifying officer must be described by the proper officer, under his seal of office. VI. What of authentication papers. In every instance where the testimony of the certifying officer, who authenticates the papers is not sufficient to certify to the credibility of the witness, and the official character and signature of the mag- istrate, commissioner, or other officer, who is to which he belonged. The magistrate who may administer the oaths to his service by two credible witnesses, who are required to set forth in their affidavits the time of his service, and the name of the applicant in the records of the Department, he must be attested in any civil proceeding. VII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. VIII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. IX. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. X. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XI. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XIII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XIV. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XV. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XVI. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XVII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XVIII. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XIX. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding. XX. Proof of service. In every case where the name of the applicant is not found on the records of the Department, he must be attested in any civil proceeding.
W. H. Bishop Dean W. H. Bishop

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

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? yes
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? 2 living witnesses
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? to 1 witness only
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? No
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.

This may certify that Daniel Herrick of Sandfield County of Berkshire and Commonwealth of Massachusetts was in company with m c Lebediah Dean of N. Marlbor- ough in the County and State aforesaid. In the service of the United States in the year 1777 in Captain Elijah Dommings Company in Colonel Afly's Regiment and General Fellows Brigade under the Command of Gene- ral Gates in his Expedition and Conquest of General- Burgine and We Have Boath Discharged and came home together after the Enemy had capitulated — the Term of service I do not know for Best think it was about two Months — — — Sandfield August 18. 1832
Daniel Herrick
Berkshire, August 18 th 1832
Personally appeared the above named Daniel Herrick (whom I certify to be a credible witness) and made oath to the truth of the above deposition by him subscribed before me
Salmon P. Chase the Justice of the Peace
I Salomon P. Chase of Sandfield in the County of Berkshire and Commonwealth of Massachusetts hereby certify that I consider the above named Daniel Herrick to be a man of truth and veracity
Sandfield Aug 18 th 1832
Salomon P. Chase Justice of the Peace Commonwealth of Massachusetts I Henry M. Bishop Registrar of Probate within the said County certify that Salomon P. Chase before whom the foregoing deposition
Berkshire ss

tion was taken as a Justice of the Peace within & for said county - duly commissioned & qualified that I am acquainted with his handwriting and have no doubt that the this signature is genuine In witness whereof I hereunto set my hand & seal of said county this twenty fourth day of August, AD 1832
Henry W Bishop Registrar of Probate

I Phineas Norton of New Marlborough in the County of Berkshire Commonwealth of Massachusetts of lawful age do testify and say that I am personally acquainted with Mr. Zebediah Dean of New Marlborough, and that in the year 1776 he served with me in a Company of Militia commanded by Capt. Zenas Wheeler, at which time we marched to the Highlands on Hudson River, and we were together in that service about two months - After this period the said Zebediah Dean served about one month with me in a Company of Militia commanded by Capt. Samuel Warner. at which time we marched to Kinderhook - Sheffield June 22. 1832. Phineas Norton
Berkshire ss. June 22. 1832 - Personally appeared Phineas Norton (whom I certify to be a credible witness), and in my presence subscribed the foregoing Deposition and made oath to the truth of the same.
Before me Parker L. Hall Justice Peace
Commonwealth of Massachusetts Berkshire ss. I. Henry W. Bishop Register of the Court of Probate within & for said County do certify that Parker L. Hall Esquire before whom the foregoing deposition is taken is one of the Justices of the Peace in & for said County duly commissioned & qualified that I am well acquainted with his hand writing and have no doubt that the foregoing signature is genuine. In witness whereof I hereunto set my hand & the seal of said Court this twenty fourth day of August A.D. 1832. Henry W. Bishop Register of Probate