Revolutionary War Pension and Bounty Land Warrant Application File S. 18,764, Josiah Clark, Mass.

SERVICE
NUMBER
Mass.
Clark Josiah
S 18764
Carded
CONTENTS

10.117
Massachusetts
Isiah Clark
Middleborough in the State of Mass who was a Private in the Company commanded by Captain Hallow of the Regt. commanded by Col. Cushing in the Mass line for 12 months
Mass State
Inscribed on the Roll of Massachusetts at the rate of 40 Dollars and 25 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of March 1833 and Nat I. H. Dra. Plymouth N. Hampshire
Arrears to the 4th of March 1833 $80.00 Semi-annual allowance ending Sept. 1, 20.00 $100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Gadsden Clerk, Book 6 Vol. 2 Page 10
88 Plymouth

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this eight - day of August 1832, personally appeared in open Court, before the Court of Probate now sitting at Middleborough - within and for said County of Plymouth, Josiah Clark a resident of Middleboro in said County of Plymouth, and Common- wealth of Massachusetts, aged eighty, 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 the act of Congress passed June 7, 1832. He hereby relinquish- es 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.
That he enlisted in 1776 in the company under command of Capt. Jesse Harlow for nine months, Lt Churchill, and Timothy Good- win, Ensign. - That said company was stationed at the Gurnet in the outer Harbour of Plymouth, & about nine miles from the Town of Plymouth as garrison of the Fort - That this Applicant was nearly all the time on a sergeant's guard at the South part of said Town. and served in said company nine months. That his time expired in the last of November or first of December of the above mentioned year.
That in December 1776 he enlisted for three months on an expedition to Rhode Island in the company under command of Capt. Calvin Par- tridge, Lt. Philip Leonard, Ensign Daker; - That said company was raised in consequence of the enemy firing upon Bristol - and they were sta- tioned at Bristol Rhode Island. and that he served the said

13 91 REVOLUTIONARY PENSIONERS. A true copy of the original on file in the office of the Secretary of War, Washington D.C. this 13th day of March 1891. and for said sum of Dollars resided at Plymouth, and was a resident of said town until 1781 when he moved to Middleboro, where he has since lived. That he is known to all the inhabitants of Middleboro, and especially to the Hon. Wilkes Wood, Judge of Probate, and Zachariah Eldredge Esq., Counsellor at Law. term of three months. The Regiment was commanded by Col. Cushing.
And the said Clark declares that he served in the two enlistments specified above the full term of twelve months, and that he never had a written discharge. That he was born in Plymouth in the year 1744, and that his birth, as he believes, is on the records of said town, and that he lived in said Plymouth until 1781 when he moved to Middleboro, where he has ever since lived. That he is known to all the inhabitants of Middleboro, and especially to the Hon. Wilkes Wood, Judge of Probate, and Zachariah Eldredge Esq., Counsellor at Law.
Justus Clark.
Sworn to and subscribed the day & year aforesaid Attest Jacob H. Lord Register

We, Zachariah Eddy  clergymen , residing in the town of Middlebury and Joseph Clark residing in the same town hereby certify, that we are well acquainted with Josiah Clark who has subscribed and sworn to the above declaration; that we believe him to be eighty 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 we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
Attest Jacob H. Lord Reg r
Joseph Clark Zachariah Eddy
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 Zachariah Eddy who has signed the preceding certificate, is a clergymen  Counsellor at Law resident in the town of Middlebury and that Joseph Clark , 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 Josiah Clark for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this eighth day of August in the year of our Lord one thousand eight hundred and thirty two .
Jacob H. Lord

8480
Isiah Clark
Ps Much
12 Mts
at
J H Land
Plymouth Mass

BRIEF in the case of  Josiah Clark  of  Middleborough  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? Eighty eight 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.     enlisted In 1776 9 As a Gen. Col. J. Harlow   in 1800 3 Col. C. Partridge, Col. Cushing  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? Plymouth  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Two credible witnesses, Col. J. Harlow proves the whole service of 1776. & Col. C. Partridge, 1800.  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.
D. Allen Examining Clerk.

Capt. Calvin P. Bridges
[Faint, illegible vertical signature or mark]

I have Harlow of Plymouth Mass churched, & now a petitioner for a pension was a soldier in this State service in the war of the Revolution for nine months under Captain Ipe Harlow, Col. Cotton's Regiment, keeping garrison at a fort in this harbour, & on its shores in 1776 and in December of the same year I enlisted for three months, & went & served out said term in the state of Rhode Island, & can & do testify that Isiah Clarke of very Middleborough in said State, & now a petitioner for a pension was a soldier for the same terms of nine months & three months in the same company & we were discharged both at the same time in 1777 by Captain Partridge who commanded the company at R Island.
Argett Harlow
Massachusetts Plymouth June 30 1832 Then

Then hereunto my hand was subscribed & made oaths to the truth of this deposition, & I declare him to be a credible witness.
Done before me
Zacheus Bartlett Justice of the Peace
Commonwealth of Massachusetts Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth, being a Court of record do hereby certify that Zacheus Bartlett Esq. is a justice of the Peace for said County & that I believe his name above subscribed is his true & genuine handwriting
In testimony whereof I have here unto set my hand & the seal of said Court this eighth day of August in the Year of our Lord one thousand eight hundred and thirty two.
Jacob H. Lord

Josiah Clark
Josiah Clark
8480.

I Ansel Harlow of Plymouth, Massachus- etts, testify that Josiah Clark of Middlebo- rough in said State, was as oldier in 1776 at R Island in Captain Portridge's company for three months, I being in the same com- pany, to the best of my knowledge & belief he was duly discharged from said service in 1777
Ansel Harlow
Witness Joseph Clarke
Mass - Plymouth Sept June 23 1832
Then Ansel Harlow subscribed & made oath to the truth of the depo- sition before me, & I certify him to be an credible witness
Isaacus Bartlett Justice of Peace

Amos Hallow Job Cole Supervisor
Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth, being a Court of Rec- ord, hereby certify that Zachheus Bartlett Esq, is a Jus- tice of the Peace in & for said County of Plymouth & that I believe his name within subscribed is his true & genuine signature.
In testimony whereof I have hereunto set my hand & the seal of said Court this eighth day of August in the Year of our Lord one thousand eight hun- dred & thirty two.
Jacob H. Lord

I Job Cole of Carver in the county of Plymouth and Commonwealth of Massachusetts testify that Josiah Clarke of Plymouth in said state exists and was a soldier 1776 at Plymouth under the command of Capt. Jesse Haslow for the term of Nine Months & being a soldier in said company at the same time and to the best of my knowledge & belief he was duly discharged from said company Middleborough 26 June 1832 Job Cole
Plymouth ss. June 24, 1832 - Personally appeared the above named Job Cole & made solemn oath to the truth of the foregoing deposition by him subscribed & further testify that said Job Cole, to my knowledge is a man of veracity & a ad- able witness
Leah Eddy Justice of the Peace
Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth being a Court of record do hereby certify that Lechiah Eddy Esq. is a Justice of the Peace for said County & that I believe his name above sub- scribed is his true & genuine signature.
In testimony whereof I have hereunto set my hand & the Seal of said Court this eighth day of August in the Year of our Lord one thou- sand eight hundred and thirty two.
Jacob H. Lord

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 Clark which require further proof or explanation.
I. Does the declaration show where the applicant resides? neg II. Did the declarant make the declaration in the county where he resides? neg 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? neg 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? neg VI. Has he given the names of the officers under whom he served, in conformity with the regulations? neg VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? neg VIII. Has the Court given their opinion? neg IX. Has the Clerk given his certificate? neg 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? neg

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? No 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? 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? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 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 the 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 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 authenticated 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 end 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.

18764 INVALID.
File No. 18764
Josiah Clark
Dei Gratia
Act: June 7 th 82
Index:—Vol. 1 , Page 431
[Arrangement of 1870.]