Revolutionary War Pension and Bounty Land Warrant Application File S. 21,713, Thomas Coles, Mass.

SERVICE
NUMBER
Mass.
Coles, Thomas
S. 21,713
CONTENTS

Resp: See Let. to agt Mar. 26, 1845. G. Mackay Linn 2v. 1851
No 32.302, Island.
Thomas Coley deceased of Providence in the State of R. Island, who was an Enlisted in the Army; commanded by Captain of the commanded by in the line line for 2 years
Incribed on the Roll of R. Island at the rate of 100 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831. Voted 13 Oct 1844 when he died
Certificate of Pension issued the 26 day of Mar 1845, and sent to D. D. Addison Esq.
Arrears to the 4th of Present, Semi-annual allowance ending
{ Revolutionary Claim, { Approved June 7, 1832. }
Recorded by B. G. Swan Clerk
Vol. 2 Page 105
Thomas W. Chappin Executor of Thomas Coley deceased

I Thomas Coles of Providence in the State of Rhode Island, on oath, declare and say, That I was an Officer in the Continental Line of the Army of the Revolution, and served as such to the end of the War, at which period I was a Lieutenant in the Fourth Regiment of the Massachusetts Line. That I now receive a Pension under the act of May 15. 1828. at the rate of three hundred and twenty Dollars per year. — I also on oath, further declare and say. That on or about the month of November, in the year, 1780. I was appointed by Brigadier General Patterson of the Massachusetts Line, to serve as his Aid de Camp. — That early in the following Spring before the Army left their Winter Quarters, my appointment as Aid de Camp, was announced to the Army by the Commander in Chief in the general Orders of the Day. I heard them read at the head of the Regiment to which I belonged. — That I continued to serve in said capacity of Aid de Camp for more than two years and until the reduction of the Army in the Spring of the year 1783. the close of the War. — That during the time I served as Aid de Camp, my pay and rations &c were equal to the pay of a Major, to the best of my recollection.
This further declaration is made for the purpose of obtaining a pension under the act of June 7. 1832 equal to the pay and emoluments I received as Aid de Camp. and I ground my claim on the opinion of the Attorney General of the United States, dated May 18. 1833 and addressed to the Secretary of War by which I understand, that I am entitled to a pension equal to my pay &c. as Aid de Camp under the act of 1832. on relinquishing the one I now receive under the act of 1828. —
And I now hereby relinquish the latter, on receipt of the former.
Thomas Coles
Rhode Island District ss: In Providence in said District June 13 th A.D. 1834 I hereby certify that the above named Thomas Coles was on this day sworn to the truth of the above statement before me and I further certify that I have long known the said Thomas Coles as a man of the strictest veracity and one in whose statements I should place the fullest confidence.
John Pitman
District Judge U. States for Rhode Island Dist.

For the purpose of obtaining the benefits of an act, entitled "an act for the relief of certain surviving Officers and soldiers of the Army of the Revolution" approved on the 15. th of May 1828. I Thomas Coley . of Providence in the County of Providence, in the state of Rhode Island and Providence Plantations, Do hereby declare that I was an officer in the Continental Line of the Army of the Revolution, and served as such to the end of the war, at which period I was a Lieutenant in the Fourth Regiment of the Massachusetts Line.
And I also declare, that I afterwards received certificates (commonly called commutation certificates) for a sum equal to the amount of five years' full pay, which sum was offered by the resolve of Congress, of the 22 d of March 1783, instead of the half pay for life, to which I was entitled under the resolve of the 21. st of October 1780.
Witness my hand this seventh day of June 1828. in the year eighteen hundred twenty eight.
Thos. Coley
Before me Thomas F. Carpenter a Justice of the Peace in the County of Providence in the State of Rhode Island and Providence Plantations, personally appeared this day Caleb Earle Esqr. and Stephen Tillinghast Esqr. of said County, who did severally make oath that Thomas Coley by whom the foregoing declaration was subscribed is generally reported and believed to have been an officer in the Army of the Revolution, in manner as therein stated.—
Witness my hand this seventh day of June in the year 1828.
Thomas F. Carpenter Justice of the Peace

I, William Henry Smith, Clerk of the Supreme Judicial Court within and for the county of Providence in the state of Rhode Island and Providence Plantations, do hereby certify that Thomas F. Carpenter before whom the foregoing affidavits were sworn, was, at the time, a Justice of the Peace, and duly empowered to administer oaths.
In testimony whereof I have hereunto set my hand, and affixed the seal of said court, this seventh day of June in the year One thousand Eight hundred and twenty eight
William H. Smith. Clerk.

Revolutions 21 713 INVALID.
File No. 21,713
Thomas Coles
Lint Rev. War
Act: June 7 th 82.
Index: —Vol. 2 , Page 77
[Arrangement of 1870.]

No 35976 Thomas Cole died R I
act 7 June 1832
Adm o
2 years Lieutenant and Adm. of Camp $100 00 per ann
from 4 March 1831 to 13 th October 1844, the day of his death, deducting what has been paid at the rate of $320. under the act of 15 May 1828, from 4 March 1831. Payable to Tho s C. Klossin Executor of Thomas Cole, and
O. P. Addison Present

Thomas Cole adult Oct. 2nd Rd.

R J 11 June 20. A 35.976
Thomas Cole (now on roll under act 15 May 1828) claims under act June '32 See letter to Hon.
D. J. Pearce March 9. 1837
See also on roll under act June '32
Pension: U.S.
Mr. Asa Robbins Senate U.S.

Washington Feb y 22. 1845
My dear Sir
I enclose the declaration of Theo Hoppin of Prov R.I. Ex te to the Estate of Tho sole late of Prov (deceased) who was a pensioner as therein stated — And have to request that you will enclose to me the certificate therein applied for —
If the evidence on file is not sufficient, additional testi- mony will be found in the Washington State papers — will you have the goodness to give to this case an examination at your earliest convenience
Hon d J. L. Edwards
Yours truly J. F. Simmons
Com t of Pensions

Lee Colles Papers
Hon. D. J. Pearce Ho. Rep.

Providence Jan 21. 1837.
Dear Sir,
The case of Col d Boles which I mentioned to you is briefly as follows.
He served in the army of the Revolution during the War. at the close of which he was a Lieutenant in the fourth Regiment of the Massachusetts Line. In the fall of the year 1780. he was appointed and on camp to Brigadier General Patterson and continued such to the end of the war. His pay and emoluments while and on camp he says equalled the pay of a Major $50 per month. He now receives a pension of $320 per year under the act of May 25. 1828. which expressly declares that the pension should be according to his rank in the line. under the law of June 7. 1832 he claims a pension equal to his pay on and off camp. the phrase in the latter law being simply "according to his rank". Mr d Edwards has contended that he is not entitled to a pension higher than his rank in the line.
I contend that he is entitled to a higher pension under the act of 1832. on the authority of the opinion of the Attorney General (Mr d Tamm) dated May 18. 1833. in the case of an Ensign who had been Commissary. He claimed under the act of 1832. as Commissary, a higher pension than he received under the act of 1828. as Ensign. The Attorney General says that "the third section of the law (1832) shows that it was not designed to exclude any of those who had pensions

under other acts of Congress, where the pensions of the act of 1832 were more favourable to their interests, and that the claimant "is entitled to the pension as Commissary upon relinquishing his claim as Ensign."
This case is identical with that of Col d Golos, excepting that he was Lieutenant and aide de Camp instead of Ensign and Commissary.
Commissary and aide de Camp are both Staff officers and I am unable to conceive of a distinction that can be made between them. Col d Golos transmitted his claim and statement on oath with the affidavit of Col d John G. Dexter about the middle of last June, and has not heard of any decision by Mr o Edwards.
I wish you to have the goodness to call on Mr o Edwards and use your endeavours to have this claim allowed, but if Mr o Edwards decides against it, I wish you would endeavour to obtain the reasons of his decision, that the case may be presented to the Secretary of War.
Yours truly J. P. Kirtland
Her o Duty J. Pearce.

under other acts of Congress, where the pensions of the act of 1832 were more favourable to their interests," and that the claimant "is entitled to the pension as Commissary upon relinquishing his claim as Ensign."
This case is identical with that of Col. Golos, excepting that he was Lieutenant and aid de Camp instead of Ensign and Commissary, &
Commissary and aid de camp are both Staff officers and I am unable to conceive of a distinction that can be made between them. Col. Golos transmitted his claim and statement on oath with the affidavit of Col. John S. Dester about the middle of last June, and has not heard of any decision by Mr. Edwards. —
I wish you to have the goodness to call on Mr. Edwards and use your endeavours to have this claim allowed. — but if Mr. Edwards decides against it — I wish you would endeavour to obtain the reasons of his decision, that the case may be presented to the Secretary of War.
Yours truly J. P. Kirtland
Hon. Dutee J. Pearce.

Providence Jan 21. 1837.
Dear Sir,
In your letter of 28. June last you say that Mr Edwards is strongly inclined to refuse an increase of pension to Col l Bales. - Says he will give me his reasons in full before I leave the City, which I will send you 2 a Has he ever given them to you ? if not. I wish you would call on him and if he decides to refuse the increase, endeavour to obtain his reasons therefor, that the case may be presented to the Secretary of War. - we are all well. - truly yours
J. H. Root
Hon ble D. Woodworth.
I shall send a brief statement of the case to Mr Pease and request him to call on Mr Edwards.

Have Mr. Ide and I learn misnomer of Pensions }
Dear Sir
I learn that Col. Colles of Providence R.I. has made application for a charge of pension; and that his statement is supported by the affidavit of Col. Dyer. I write only to say that I am personally ac- quainted with both those Revolutionary Officers - know them to be estimable & honorable men of high standing & fair character -
Very respectfully
June 18. 1836
Y r ob. Serv t Asa Robbins

Department of State
March 1, 1845
J. L. Edwards Esq
Sir
The examination requested in your letter of 25 ult. of the service of Lieut Thos Cole, as Adj. de Camp. Paymaster etc "has been made. He is found returned as Paymaster 14th Mass Regt. on the 9th Ap. 1832. He is returned among the "Field Staff & Commissioned Officers of the Massachusetts line" Nov 4 1832, as Lieut. He is also found on a return, without date, of the Massachusetts line, as Lieutenant, and "A.D.C. on duty service" —
I am Sir
Your obedt Servant
J. C. Calhoun

Honble J. L. Edwards Com te of Pensions

Washington March 15. 1845-
My Dear Sir
Will you have the goodness to hand the certificate in the case of the late Col Tho' Cook of Rhode Island - to Mr. A. Barol. when ready -
Hon J. L. Edwards
Court of Pensions
Yours truly
J. L. Simmons
Washington March 15 th 1845
Sir
You will please deliver to Q. Q. Addison Esq. the Certificate in the case of Thos. Cook, deceased, formerly of Providence Rhode Island, all called for in the above order of life
Very Resp.
Yr. Obt. Servt.
N. Farrott
Hon. J. L. Edwards

No of orig Pay 73
REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
30 June 1828.
Thomas Coles of Providence — in the County of Providence — in the State of Rhode Island has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end of the war,
at which period he was a Lieutenant in the fourth regiment of the Massachusetts line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, Nothing.  dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary, A. D. Kings.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
1 st July 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Thomas Coles - a Lieutenant in the Massachusetts line, amounting to Sixteen Hundred dollars.
It further appears that Thomas Coles  now is now on the pension list of the any agency, and has been since the 3 rd March 1826 at the rate of  per month.
John Hagner Audt

Act 1828
Settled of
Treasury
Cons d with
Inval d file
#
21,713

Providence June 9 th 1828
Sir
I herewith transmit the declaration and unification required by the regulations of your Department of the 28 th May, 1828, together with two Commissions received by me as an Officer in the Massachusetts Line
I have the honor to be, Sir,
Very Respectfully
Your Obedient Servant
Thos. Cole
The Honorable Richard Rush
Secretary of the Treasury

Feb 13.
Can
• Mr O'Nardwich H.R.

Providence February 4: 1835.
Dear Sir,
Your letter, accompanied with the one you received from Mr Edwards of the Pension Office, was duly received. The case of Mr Boles strikes me in a light so different from that in which it appears to Mr Edwards that I must make one more attempt to show, what I most firmly believe, that as an aid de camp Mr Boles is entitled to a pension under the act of 1832 on relinquishing the one he now receives under the act of 1828. It is unquestionably true that the War Department cannot grant a greater allowance for the same service than what has been allowed by the Treasury Department? - but this I humbly conceive not to be the question in the case. - I will state the facts of the case as briefly as I can. - When the act of May 15. 1828 was published, it was accompanied by a notice from the Treasury Department dated May 28. 1828. prescribing the mode of application for the benefits of that act. - In pursuance of which Mr Boles "declared, that he was an Officer in the Continental Line of the Army of the Revolution, and served as such to the end of the war, at which period he was a Lieutenant in the fourth Regiment of the Massachusetts Line." He also declared, that he afterwards received certificates (commonly called commutation certificates) for a sum equal to five years full pay; which sum was offered by the resolve of Congress of the 22. March 1783 instead of the half pay for life to which he was entitled under the resolve of the 21. October 1780. With this declaration he transmitted two Commissions, one as Ensign and the other as Lieutenant, which were returned to him. - He here claimed simply as Lieutenant, and there was not a word said of his having been aid de camp - it was not necessary, for he could receive only as Lieutenant, like other Lieutenants who had performed no staff service. - the law of 1828 expressly declaring that the pension should be "according to his rank in the line " He, therefore, did not claim from the Treasury Department for any service as aid de camp . - Now the phraseology of the act of June 7. 1832 is different from that of May 15. 1828. - In the act of 1828 it is "according to his rank in the line " in the act of 1832. it is simply "according to his rank" - And this difference, I humbly conceive, is the only ground upon which a Staff Officer who had no lineal rank, could be entitled to a pension under the act of 1832. -

It is a fact, that Commissaries who had no lineal rank now receive Pensions under that act. —
Commissaries, Quarter Masters, Pay masters and aids de camp are all equally staff Officers; — there were those of each description in the Army of the Revolution, who had no lineal rank, and the same rule of construction must apply to each. —
An aid de camp or quarter master, therefore, who had no lineal rank, would be as much entitled to a pension under the act of 1832 as the Commissary who had no lineal rank. — ✓
Now, to my view, "the principles laid down in the opinion of the Attorney General of the 18. May 1833" completely establish the claim of Mr Boles to a pension as aid de camp under the act of 1832 on his relinquishing the one as Lieutenant. —
I now quote the opinion of the Attorney General verbatim, with the exception of inserting the staff service and lineal rank of Mr Boles whenever "Commissary" & "Ensign" occur. — The Atty Genl says, "The third section of the law (1832) shows that it was not designed to exclude any of those who had pensions under other acts of Congress where the pensions of the act of 1832 were more favorable to their interests. — I understand that a Commissary (aid de camp) is within the act of 1832 under the construction which it has received at the War Department. — If the Commissary (aid de camp) therefor, had held no rank in the line, he would be entitled to his pension, because he was not provided for by the act of 1828. — Did the law intend to draw a distinction between persons who had performed the same description of duties, and to give to one what was refused to another for the like services? I think not. — Such a discrimination would have no foundation in justice. — and it would I think be departing from the spirit and meaning of the law, to exclude one Commissary (aid de camp) from the act of 1832 because he had been an Ensign (Lieutenant) and give it to another who had performed the same duty, but had held no rank in the line. — The exclusive words in the first section ought to be confined to cases in which the party claims in the same character in which he is entitled under the act of 1828 and for the same description of service . — And as in the case you state, the applicant (aid de camp) was not entitled to a pension as Commissary (aid de camp) under the law of 1828. he is not excluded from a pension on account of services in that character, under the law of 1832. and is entitled to the pension as commissary (aid de camp) upon relinquishing his claim as Ensign (Lieutenant)."

To recapitulate,
M c Boles claimed under the act of 1828 simply as Lieutenant in the line. - As aid de camp he was not provided for or entitled under the act of 1828.
Commissaries, Quarter Masters, Aids De Camp & having no rank in the line are entitled under the act of 1832.
The pension of an aid De Camp under the law of 1832. is "more favorable to his interest" than that of Lieutenant under the law of 1828. Therefore, according to the opinion of the Attorney General, An aid De Camp, who was also a Lieutenant in the line, is entitled to a pension as aid De Camp under the act of 1832 upon relinquishing his claim as Lieutenant. c
Following the reasoning of the Attorney General, I will present the case in another view. - Could it have been the intention of the law of 1832. to give to staff Officers, who had no rank in the line, and who had served two years only at the commencement of the war and then left the Army, a more beneficial pension than a staff officer who had rank in the line and served to the end of the war, would be entitled to. ? I think not. - It would be manifestly unjust. - Yet such would be the result, unless M c Boles is entitled to a pension as aid De Camp under the law of 1832. c As aid De Camp he received, he thinks, in monthly and extra pay to the amount of a Major's pay. in which he would be entitled to the highest grade of pension.
I regret the trouble I have given you on this subject and feel thankful to you and M c Edwards for the attention paid to it, and have only, respectfully, to request that M c Edwards would peruse the foregoing statement. and give it a due consideration. c
truly Yours.
W m Pickham
Hon ble Daniel Wardwell.

I Thomas C. Hoppin of the City and County of Providence and State of Rhode Island Executor of the late Thomas Boles deceased. make the following declaration in order to obtain the arrears and increased of pension due the said Thomas Boles at the time of his death under the Act of June 7 th 1832.
Lieut Thomas Boles dec d late of Providence aforesaid. was a pensioned under the Act of May 15 th 1828. at the rate of $ 320 per annum for his Revolutionary services as Lieutenant in the 4 th Regiment of the Massachusetts line. and having as I am informed. also performed, services as Aid de Camp. Paymaster &c in the Staff, I now as his Executor claim the difference between $ 320 per annum the amount he received under the Act of May 15 th 1828. and the amount he was entitled to receive under the Act of June 7 th 1832. for his services as Lieutenant in the line. together with his services in the Staff. and request that a Certificate of pension may be issued accordingly. in my name payable at Providence. Commencing on the 4 th of March 1831. and terminating on the 13 th day of October Eighteen hundred and forty five. the day of the death of said Thomas Boles. he having left neither widow or children;
Thomas C. Hoppin

Sworn to and subscribed before me this Sixteenth day of January 1845. and I certify that the said Thomas C. Hoppin is known to me as a credible person.
Francis E. Hoppin.
Justice of the Peace
In the City of Providence and State of Rhode Island.
State of Rhode Island and Providence Plantations. Providence, ss. I Thomas Burgess, sole Judge of the Munici- pal Court of the City of Providence in said State, being a Court of Record, do hereby certify, that it has been made to appear to the satisfaction of said Court, that Thomas Coles, late of said Providence, died on the thirteenth day of October, A.D. one thousand, eight hundred and forty four, leaving neither widow or children; and that Thomas C. Hoppin, above named, is his Executor.
Thomas Burgess Sole Judge of said Court
State of Rhode Island and Providence Plantations Providence, ss. I Albert Greene, Clerk of the Munici- pal Court of the City of Providence, in the County of Providence, in said State, being a Court of Record, do hereby certify that Thomas Burgess, who has signed the foregoing Certificate, is the sole Judge of said Court; that his signature above, is genuine; and that Francis E. Hoppin, before whom the foregoing Declaration of Thomas C. Hoppin was made is a Justice of the Peace within and for said City of Providence in said State, duly elected, and that the signature thereto, purporting to be his, is genuine.
In Attestation whereof I have hereunto set my hand and have affixed the seal of said Court this twenty first day of January A.D. 1845.
Albert Greene Clerk.

Thomas Cole, act June 7. 1832. R. Island. —
See letter to Hon. D. Wardwell, March 7. 1835. —

I Thomas Peckham of Providence in the State of Rhode Island, on oath, declare and say, that about the latter part of the month of February in the Year Eighteen hundred and nine, I resided in the family of Thomas Coles, Esquire, then recently appointed Collector of the Customs for the District of Providence. - That a short time after that period, I saw at the house of Mr Coles, Capt d Holbrook, (then residing in Wrentham in the state of Massachusetts,) who was Captain of the Company, in which Mr Coles was a Lieutenant at the close of the Revolutionary War. That Captain Holbrook, after congratulating him upon his appointment as Collector, said to Mr Coles, "Well, you was always lucky, for while you belonged to my Company, you was pretty much all the time in the Staff." Capt d Holbrook died, as I understand, about two or three years since. -
Thomas Peckham
Rhode Island (District) ss: In Providence in said District June 13 th 1836, I hereby certify that the said Thomas Peckham this day made oath before me to the truth of the above statement and that he is a man of veracity
John Pitman
District Judge U. States
for R. I. District

Providence R. I. June 15 th 1836
Sir
I herewith transmit my declaration, made before the District Judge, for the purpose of obtaining a pension under the act of June 7 th 1832, or aid in camp, in lieu of the one I now receive under the act of May 15. 1828, accompanied by the affidavit of Col. John S. Dexter and Mr. Thomas Beckham, and have to request the favor of an early decision
I am Sir
Respectfully
Your obedient servant
Thomas Coley
James L. Edwards Esquire Commissioner of Pensions Washington

March 31. 1857
Asks examination of St Thomas Cole's Papers.
Geo: Mackay Washington D.C.
Mr. McClellan P.M. St. Louis Mo.

Washington City D.C. March 27 th 1857
Sir
Will you have the goodness to file this notice for examination of the names St. Tho s Cole
I oblige your Ob d Serv t George Mackay
Mr. Evans C.C.

Providence March 25th. 1851.
George Mackay Esq.
Dear Sir,
Your kind favor of the 6th. inst. was received. You say that "the certificate issued to Capt. Thomas Hartshorn for 2360 Dollars, was No. 52.853."
My inquiry was in relation to Lieutenant Thomas Cole of the Massachusetts line, Shepard's  Fourth regiment, or was intended to be.
Please let me know the number and the amount of his certificate, and whether it was simply for pay as Lieutenant, or embraced also his pay as Aid de Camp to Gen. Patterson . All the papers connected with Cole's pension are to be found on the files of the office. His pension was increased by the act of 1832. He was aid de camp more than 2 years.
I have examined his private papers, but find no allusion to his ever having received any certificate or any money for revolutionary services except the pension above alluded to.
An early answer is respectfully solicited.
Yours truly,
T. C. Hartshorn.

I John Singer Dexter of Cumberland in the County of Providence do testify and say, that I am intimately acquainted with Thomas Coles Esquire late Collector of the Port of Providence; That he served as Aide de Camp to Brigadier General Patterson in the Army of the United States in the War of the Revolution from sometime in the Month of October 1780 until April 1781 - during which period, and for nearly three years previous, I was Assistant Adjutant General, and knew the Aides and was known by them, of all the General Officers, serving with the main Army.
In May 1781 having been promoted to a Majority I left the Adjutant General's Office, joined the Regiment to which I was attached, and with it was employed at the Siege of York Town, Virginia.
The Regiment rejoined the Main Army on the Hudson in June 1782 when I found the said Thomas Coles still serving as Aide de Camp to General Patterson, and I entertain no doubt he so continued to the termination of the War.
I have no distinct recollection of Mr. Coles' appointment as Aide de Camp as aforesaid, in General Orders, altho no doubt remains on my mind of the fact.
John S. Dexter
Rhode Island District ss: June 14 th 1836 Then personally came the above named John S. Dexter and made oath to the truth of the above affidavit, before me and I hereby certify that I have long known the said John S. Dexter and that he is a man of the strictest veracity - All which I hereby certify John Pitman District Judge U.S. for Rhode Island Dist.