Revolutionary War Pension and Bounty Land Warrant Application File R. 5314, John Hubbard, N.H.

SERVICE
NUMBER _____
N. H.
Hubbard, John
R. 5314
CONTENTS

24 644
John Hubbard Maine
✓ 314
Rejected
See letter 28 th May 1883.
Exclusive of his services as Teamster, he did not serve 6 months.
W. H. G. Evans July 7 1887
A. B. Vose Augusta Me

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Hubbard Maine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     N.H. Troops   Aug. 1776 mts 2 3 Infan. Col. Gull. Col Welch 43. born in Kingston N.H. entered there — now lives in Rumford, Maine   Nov. " " 4 Transfer under Joseph Dean   it might have been Transfer 6 months but is not certain   knows of no living witness to prove service   Certificate of clergyman and citizen —  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , 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 that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 shown under what officers the applicant served; the duration of each term of engagement; the particular place or place 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

John Hubbard
Fifer - New Hampshire troops,
half's Co: } 3 months, Welch's regt. }
Waggoner under } 4 months Job Bean, }
7 months, 24044
R. C. Rose, Augusta, Me.,

State of Maine.
We Robert Low a Clergyman, residing in the town of Readfield in the County of Kennebec and Eben Fifield Jr residing in the same town, hereby certify, that we are well acquainted with John Hubbard who has subscribed and sworn to the annexed declaration; that we believe him to be seventy three 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.
Robert Low Eben Fifield Jr
State of Maine.
Kennebec ss.—Sworn and subscribed this first day of April A. D. 1833
Before me,
E Hoyt. Justice of the Peace.
Elphalet Hoyt Esq is a Justice of the Peace. The Rev. Robert Low is a clergyman residing in Readfield & Eben. Fifield Jr of the same town is a credible person & their statement is entitled to be believed.
Nathan Weston Just. S. P. C.

Declaration.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF MAINE, } ss. KENNEBEC COUNTY, }
ON this 27 th day of March A. D. 1833 personally appeared in open court before the Hon. NATHAN WESTON, Jr., a Justice of the Supreme Judicial Court, of said State, John Hubbard a resident of Readfield in the County of Kennebec and State of Maine, aged Seventy 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 provision made by the Act of Congress, passed June 7, 1832. That he enlisted in the Army of the United States in the year 1776 with Captain Galf and served in Col. Welch's regiment of the New Hampshire line or troops under the following named officers: viz, Col. Galf, Capt. Welch Col., That he enlisted in that company & regiment as a Fifer in August 1776 for the period of three months; that he served at Fishkill, New York, & after serving out the full term of his enlistment was verbally discharged at Fishkill in November 1776. That in the same November 1776 he entered the waggon service at Fishkill under one Joseph Bean, I think one Bostwick was waggon master, that he entered as a waggoner for four months, & was employed in conveying forage &c. from White Plains to Fishkill: and after serving four months was verbally discharged at Fishkill in March or June 1777. That his service in the wagon service might have been for six months as he had first stated but not being positive that it was for so long a time now states it to have been for four months of which fact he is certain.
And to the interrogatories propounded under the instructions of the war department, he answers:
That he was born at Kingston, New Hampshire, in 1759, where he presumed his age was recorded & where he lived when he first entered the service. That he made that place his home until he removed to said Readfield about forty eight years ago, & has lived in Readfield ever since. That he has named such of his officers as he now recollects. That he does not know of any one living who served with him. That any of his neighbors will testify to his character for veracity & their belief of his service.

He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any agency in any State.
John Harbard
Sworn to and subscribed the day and year aforesaid.
Nathan Winton
And the said Judge, before whom said Court was holden does hereby declare his opinion that the above named applicant was a Revolutionary Soldier, and served as he states.
Nathan Winton
inst. r. f. c.

I Francis Hubbard of Fayette, Kennebec County, Maine, aged seventy one years, upon oath state, that I lived at Kingston, N.H. at the time my brother John Hubbard within named entered the service in the year 1776, as he has within stated. I well knew the fact of his enlisting in Capt. Galf's company & his going from home, and that after being absent about nine months he returned home & stated that he had been in the service all the time during his absence, & then said that he served in the waggon business six months, after having served three months in Capt. Galf's company. Francis Hubbard State of Maine.
Subscribed and sworn to March 27. 1833, the deponent being a credible witness, Before me Nathan Weston not r.p.c.
State of Maine.
KENNEBEC, ss.—I, JOHN A. CHANDLER, Clerk of all the Judicial Courts held within and for the County of Kennebec, hereby certify that the Hon. NATHAN WESTON, Jun'r, before whom the within proceedings was had, is a Justice of the Supreme Judicial Court of said State; I also certify that the within contains the original proceedings of the said Judge  Court , in the matter of the application of John Hubbard for a pension.
In testimony whereof, I have hereunto set my hand and the seal of the said Court, this 10th day of April
A. D. 1833
J. A. Chandler

Readfield December 16 th 1836
Dear Sir
The certificate of the Secretary of war accompanying this letter will shew you that nearly three years ago since I made application to him through Phoebe Vose Esq for the benefit of the pension bill in favour of the revolutionary soldiers - and you will perceive from its contents that my application was unsuccessful I must say that I am much dissatisfied with the decision of the Secretary of war it being predicated altogether upon a suppositious objection & one contrary to fact A correct statement of the case is this that I was seven months in the continental army & during the whole of the term in the service of the government - the circumstances of which are contained in the paper enclosed to which I am ready to make oath I can produce one witness that I was in the army during the time stated above, but not of the condition of the last four months But according to the information I have upon the subject I conceive that the oath of an applicant provided he can establish a reputation for veracity is entitled the same to credibility as that of any other witness & ought in this case to be admitted as sufficient evidence I can produce ample proof of character for scrupulous & unimpeachable veracity & am fully persuaded in my own judgment that I am as legally & equitably entitled to a pension for the term of time stated as any applicant who has proved successful & more so than many of them And I believe that I may safely add that few of them are more needy I am entirely destitute of property & under the disagreeable necessity of depending upon a son for support & often in want of the conveniences & sometimes

of the common comforts of life as I am now laboring under the infirmities & helplessness of age & can earn nothing to supply the wants that are daily increasing I think that all persons acquainted with me will readily admit my assiduity & perseverance in business as long as I was capable of enduring fatigue.
Few persons in my situation in life having I believe performed its various duties with more activity & punctuality than I have formerly done & few I may add have been more frugal & abstemious in their habits.
This I can assert with confidence knowing that none can contradict it & I assert it upon this occasion as an evidence that a pension instead of being misapplied as it too frequently is would prove an essential benefit to one who perhaps is not less worthy of it than members who are now enjoying it & who have met with no impediment in obtaining it. But the motive most urgent with me & which has offered the strongest inducement to me to renew an application which has once met with a reception so unpropitious is that I have daughters that in a state of adversity & infirmity have no one to whom they can look for succour - those who have long missed the shelter of the paternal roof while suffering privations & hardships to which they were strangers or for these I feel as a parent & trivial as the means afforded me by a pension would be it might prove an essential benefit to them by enabling me to assist them in the pursuit of some method to help themselves - I conceive that you Sir as a parent will not feel insensible to this appeal to fraternal affection & if you possess any influence in procuring for me a privilege to which I am justly entitled that you will most readily exert it in my behalf.
Your humble servant John Stubbard

Acts of July 14, 1862, and March 3, 1873.
REJECTED
5314.
P. O.
John Hubbard
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

J. L. Edwards. Esq. May 18. 1833. Case of Jn. Hubbard.

War Department Pension Office May 18. 1883
Sir,
The papers in support of the claim of John Hubbard have been examined, and placed on our files.
He alleges that he was employed in the wagon service for four months under one Joseph Bean. This was under a civil contract, and does not entitle him to the benefits of the act of June 7. 1832. His claim has therefore been rejected.
I am respectfully Your Obet. Servt. J L Edwards
R. C. Vose Esq. Augusta Maine

Readfield December 19 th 1836
This will certify that in A D 1775 I was a soldier three months in the Con- -tinal army belonging to a company commanded by Capt n John Calef of Kingston R. I. and in the service of the then existing government And also that I was for four months in the year ensuing employed as a Waggoner in the army & service aforesaid -being at the commencement under the direction of Joseph Dean of said Kingston & in the latter part of the term under the direction of a man by the name of Gage belonging to fort Miller R. I. Said Dean & Gage being under the control of a purveyor or pay master whose name if my memory is cor- -rect: was Hostwick - by whom they were employed & paid as I was likewise John Hubbard

BOUNTY LAND WARRANT RECORD CARD*
NAME Hubbard, John GRADE Private LINE New York
WARRANT NUMBER 7232 ACREAGE 100 ISSUED Jan. 5, 1792 to John Gansey, assignee
*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.