Revolutionary War Pension and Bounty Land Warrant Application File S. 31,086, Joel Hatheway, Mass

SERVICE
NUMBER
May
Hathaway, Joel Hathaway of
S. 31,086
CONTENTS

33.169
Massachusetts Joel Hatheway dec.
of _____ in the State of Mass who was a priv. Corp. in the _____ commanded by Captain Nichols of the _____ commanded by Col. Daggett in the Rev. _____ line for 9 Mos, 21 days, Mass
Inscribed on the Roll of Mass at the rate of 34 Dollars 40 Cents per annum, to commence on the 4th day of March, 1831. Ending 9' November 1838.
Certificate of Pension issued the 14 day of Sept 1833 and sent to J. T. C. Wiplett
Arrears to the 4th of _____ Present Pensional allowance ending
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. E. Johnson Clerk. Book _____ Vol. 3 Page 3

by an Officer of the Regiment, and measured: That he was then six feet in height and declared to pass muster. That he was born in said Barkly in said County of Bristol, on the twelfth day of July AD 1761. He further states, that his birth is recorded in the town records of said town of Barkly, as I have been informed by my parents. I lived in said Barkly until I removed to Barn where I now live, which was 35 years ago. I further state, that I do not know, that there is any of the soldiers or Officers now serving who served in any of the foregoing campaigns by me above stated, by whom I can prove the afore said services.

Joel Hathaway 27.017 Ms
Nath l Houghton Banc MS

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this twentieth day of August in the year of our Lord, eighteen hundred and thirty three  Joel Hathaway personally appeared in open Court, before me Nathaniel Prindle Judge of the Probate Court, now sitting in Barnes in Worcester a resident of Barnes in the County of Worcester and Commonwealth of Massachusetts, aged Seventy two 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 7th, 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated. First
He first enlisted in Capt. Nichols company of Barkley in the County of Bristol and State of Massachusetts in the fore part of January AD 1774 and returned the last of March of that year having served the full period of two months, the whole time of my enlistment at which time I was discharged by my commanding Officer and returned home to said Barkley. He at this time was marched to Providence in the State of Rhode Island and there was stationed. From thence went to Warren point, at which place he was dismissed as aforesaid having stayed his whole time of enlistment, without a furlough or furloughs and the further states, that he again enlisted in the year AD 1775 for the term of three months, in the company of Capt. whose name I cannot recollect marched from said Barkley to Rhode Island and there was stationed there for eight weeks and the remainder of the time I was at Scituate and after having served the full time of 3 months I was discharged on said Island by my commanding Officer. The Col. name according to my best recollection, was Daggitt. I was discharged in April without any written discharge by my commanding Officer and returned home to said Barkley. I again enlisted in the fore part of October following for the term of 40 days in the company commanded by Lt. Abiel Babbitt, and returned back to said Rhode Island where I was stationed for the whole time of my enlistment, at which time I was discharged as before and returned home to said Barkley. I again enlisted in February 1776 in company of Capt. Giffins company for the term of five months and marched from said Barkley to said Rhode Island and there was stationed for the whole time of five months and after the Declaration of Independence, I was discharged in the same manner as before without any writing, and returned home to said Barkley. I further states that I was had from said Barkley in all of four campaigns - from Barkley to Digby to Providence. He further states that at the first time he enlisted, he was examined
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.
Sworn to and subscribed the day and year aforesaid.
Before me NATHANIEL PRINDLE Judge of Probate For the County of Worcester
Joel Hathaway

as this time We Nathaniel Houghton clergyman residing in the town being absent from home and Samuel Lee residing in Barre - hereby certify that we are well acquainted with Joel Hathaway - who has subscribed and sworn to the above declaration, that we believe him to be seventy two 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 and subscribed the day and year aforesaid. Before Nathaniel Houghton Judge of Probate for the County of Worcester
Nathaniel Houghton Samuel Lee
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Nathaniel Houghton Esquire who signed the preceding certificate, is a clergyman, resident in the Town of Barre - and that General Samuel Lee who has also signed the same is a resident in the same Town and are credible persons and that their statement is entitled to credit.
Nathaniel Houghton Judge of Probate for the County of Worcester
Worcester ss.
Commonwealth of Massachusetts
I Theophilus Wheeler Reg d Clerk 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 Joel Hathaway - for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the Seal of said Court this twentieth day of August in the year of our Lord eighteen hundred and thirty three - 1833 -
Theophilus Wheeler Reg d of said Court
Joel Hathaway 27.017 Mass
Chas
Nathaniel Houghton Barre MS

Revolutionary Papers Joel Hathaway
Suspended.
Joel Hathaway or heirs Heirs, Dane Bristol Co., Mass.
Nov 11-1855-
E. F.C. Hasler

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF Massachusetts COUNTY OF Worcester } to
Be it known that before me
Lyman Sibley a Justice of the Peace in said County, personally appeared Hudson Hathaway aged 56 years, who being duly cautioned and then sworn in due form of law, states that he is the son of Joel Hathaway who was a revolutionary† Soldier in the State of Massachusetts and that he died on the ninth day of November 18 38 and that his mother, named Sally died on the Sixth day of September 18 41 and that they were married on the day of  1782 in the year 17 82 and that they were residents of Barnes in the State of Massachusetts and that they resided there 35 years, and that for several years they resided in Berkley Mass. and that furthermore I do, BY THESE PRESENTS , constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as my true and lawful Attorney for me and in my name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers all rights in all and in any manner of claim for increase or arrears of Pension or Land that may be due me as heir of Joel Hathaway who died leaving the same undrawn, as in right of law I may be entitled.
In witness whereof, I have on this sixteenth day of October 1852, hereunto signed my name, and affixed my seal.
Hudson Hathaway
Witness: Lyman Sibley Witness: Sally Hathaway }
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that Said Hudson Hathaway has always by the community been known as the heir of Said Joel Hathaway , and a man of truth. Dated on this sixteenth day of October 1852.
Lyman Sibley Jus Peace
State of Massachusetts COUNTY OF Worcester } to wit:
I hereby certify, That Lyman Sibley Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said County Court, this Eighteenth day of October one thousand eight hundred and fifty two .
J. S. Mason Clerk.
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

Revolutionary
Additional Evidence
Claim of the heir of
Isaac Hathaway
Mass. suspended.
[Faint, mirrored bleed-through text from the reverse side of the page]

I Ephraim French of Berkeley county of Bristol & State of Massachusetts, depose & say that my age is fifty five years, that I was born in said town of Berkeley and have ever lived in said town, that I am now the Clerk of said town, and have the town records in my possession and have had them for about ten years, and am familiar with said records, and as our town is small with less than 1000 inhabitants and about 150 families I believe I know, and have known, for many years the persons comprising each family, especially the heads of said families. That I have carefully examined the records of said Berkeley and find the name of Joel Rathaway recorded as the son of Elijah & Sarah Rathaway and born July 12th 1762. and I further say that there no other person of the same name on the said records and I do not believe that there is now or ever was another person of the name of Joel Rathaway a resident of said town
Berkeley Sept 5th 1853
Ephraim French { Town Clerk of Berkeley

Bristol S.S. September 5 th 1853 Then Ephraim French who is the Clerk of the Town of Berkeley and named in the within deposition personally appeared before me and being duly sworn to testify to the truth of the matter contained in the within written deposition, was examined by me the justice, the deposition being written & read to deponent by me then was subscribed by him the said Ephraim French, and I hereby certify that I believe the deponent to be the person, and holding the office he represents to be & hold and that I am not concerned in the prosecution of the claim for a pension under the said Act Hatheway nor interested in the result thereof & sworn to before me
William S. Crane } Justice of the Peace

I Nehemiah Newhall of Berkeley County of Bristol and State of Massachusetts do depose and say, That I am, and always have been a resident of said town of Berkeley that my age is Eightyfour years, That I was well acquainted with Joel Heathcote of said Berkeley, that our places of residence was within one fourth of a mile that said Joel's age was about seven years more than mine, there was eight Brothers in the family, seven of them were soldiers in the Revolution War said Joel Heathcote was one, and was in the regiments commanded by Col John Heathcote, I was acquainted with said Joel untill he with his family removed to New Salem or Petersham in this State of Mass. he removed from Berkeley about Fiftysix years ago and had 5 or 6 children when he moved one of them was named Joel Jr. I further state that I have been well acquainted with all the families residing in our town from my youth and that there never has been any person resident in said town by the name of Joel Heathcote except the above named Joel & his child by the same name
Dated at Berkeley this 5th day of Sept 1853 Nehemiah Newhall

27017 Lee Hathaway
Walter Houghton Esq. Barre Mass

WAR DEPARTMENT,
Pension Office,
Nov-12-1833
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 Joel Hathaway
   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.     1774 2 Private Capt Nichols 72 It was not performed during the war   1775 - State the month 3 " Capt. not recalled 3 mo - 1775 perish   Oct 1775 1 10 " Col Daggott   July 1776 5 " " " Col Babbott   Capt Griffin    Must state the name of the Field Officers under whom he served in every instance. Application must be made to the Secy of the State of Mass for evidence of your service
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
14 11 13

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 day 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 inquiry 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 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.
[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 [i] 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.

Miss Agnes
Joel Heathway, old who was a formal ship, mess,
old set June 7, 1832,
5 mo 07 day per mth $17 44
4 mo 19 " before 16.86
$34.40
on March 4, 1831
end Nov. 9, 1838,
when he died
Payable to
 Joel Heathway, Jr  Sally Heathway  Leah Heathway  Phoebe Silagg  Hulda Heathway  Garum Heathway  Joseph Heathway  William Heathway, and  children & — — 
J. T. C. Ingleton
Present

October 30, 1930.
Rev. & 1812 Wars Section
541
XXXXXXXXXXXXXXXXXXXX
Rev. War pension claim of Joel Hathaway.
File No. S. 3108g
Actual
1 of each page
Remitter: Cora L. Curry 1420 Girard St. N. W. City send to Miss Kate S. Curry paines address
$0.30
2 pages
Kindly leave margin of 1 1/2 inches at top of each page and return papers in each case in folder with corresponding name and number.
The word "omit" is written in pencil on that page which is not to be copied.
Margaret M. Finch
Chief of Rev. & 1812 Wars Section

October 30, 1930
Cash - 30 cents
Commissioner of Pensions Washington, D.C.
Sir:
Please furnish me uncertified photostatic copies of two pages from Rev. War pension claim of Joel Hatheway, S. 31086.
Remitter
Cora C. Curry 1420 Girard St. N.W. Washington, D.C. 
Send to -----
Miss Kate S. Curry 1420 Girard St. N.W. Washington, D.C. 
Received payment Thirty cents October 30, 1930
Irene L. Serch.
Rev. & 1812 Wars Section

List to Kate Curry:
Sol. decl. Aug. 20-1834 small sheet attached beginning by an officer and last line "aforesaid services." 2 pages

31086
Rev INVALID.
1930 Nov. 5. Photos mailed to Kate S. Curry & Min. div. ntf. 9 N.Y.
File No. _____
31086
Joll Hathaway Corp Rev was
Act: _____
June 7 th 82 nd
Index: — Vol. _____
2
, Page _____
173
[ Arrangement of 1870. ]

27017 Joel Hathaway Mass
F. F. C. Tripatt 9 th June 1853. Let some July 11/53
act June 7/1832

Col. Mitchell, Regt. 3 mos. 1779 Capt. Briggs. Col. Jacob, Regt. 1 mo. 1780 Capt. Packard. X 2 m 6 days. Col. Daggitt, Regt. 3 mos. { 1778 Capt. Nichols. X 2 m 21 days. Col. Daggitt, Regt. 3 mos. { 1778 " " Col. Whitney, Regt. 3 mos. 1778. Lt. B. Hartaway.

OF 8 Cap Triplett
J

Commonwealth of Massachusetts.
Worcester ss. I, Charles G. Prouty, Register of the Court of Probate for the County of Worcester, do hereby certify, that satisfactory evidence has been exhibited to said Court, that Joel Hathaway who was reputed to have served in the War of the Revolution, died in Barre, in said County, on the ninth day of November A.D. 1838 - that he left a Widow, whose name was Sally Hathaway - that the said Sally Hathaway died in said Barre, on the seventh day of September, A.D. 1841 - that the said Joel Hathaway left nine children only, to wit: Joel Hathaway Jr. Sally Hathaway, Seth Hathaway, Lydia Hathaway, Phebe Hugg, wife of Lewis Hugg, Hudson Hathaway, Gardner Hathaway, Joseph Hathaway & William Hathaway - that the said Lydia Hathaway died on the eighteenth day of August, A.D. 1844 leaving no child - and that the said Joel Hathaway Jr. Sally Hathaway, Seth Hathaway, Phebe Hugg, Hudson Hathaway, Gardner Hathaway, Joseph Hathaway & William Hathaway are all now living and are the only heirs at law of the said Joel Hathaway, deceased.
In testimony whereof, I do hereunto set my hand and the seal of said Court, at Worcester, this sixteenth day of March, in the year of our Lord one thousand, eight hundred and fifty three.
Chas. G. Prouty, Register.

Brief in the case of Joel Hathaway, decd Worcester County and State of Mass.
act
June 7, 1852.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
The Commission has decided that this claim may be admitted for the service shown by the certificate of the Secretary of Mass, dated March 4, 1853; for, notwithstanding the dates do not accord with those contained in the declaration, it is clear from the parole testimony taken in
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
1834, and the certificate of the Town Clerk of Barkly, that he understood the service embraced by the certificate of the Secy of Mass, as performed. It is also inferred that, instead of saying that his service terminated with the Declaration of Independence, he intended to say the proclamations of peace, &
Sept. 14, 1853.
Name and residence of Agent
H. F. C. Ingleton " Present.
Examining Clerk.
Code Nels

Washington Apr 7. 1853
Sir:
I enclose additional evidence in the case of Lieut. Skachaway, Mep. 32. Rejected—
Very Respectfully &c
Yours &c
H. H. C. Tipton

Commonwealth of Massachusetts.
Secretary's Office, Feb. 6. 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the Company Rolls of Lieut. Abel Babbitt in 1778 and Capt. Griffin, in 1776, as described by Joel Hathaway, and upon which he claims for services, are not found in this office. Edward D. Bangs. Secy
Edw.
1834/2/6
True Copy

Commonwealth of Massachusetts.
Secretary's Office, Boston :
May 12 1853.
I hereby Certify, That, from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name Joel Hathaway is borne on a roll of Capt. James Nichols Co., Col. Daggitts Regt. as private from Jan'y. 11 1778. 2 mos. 21 days R.I. service. ✓ On roll of Capt. Packard's Co. Col. Jacobs Regt. R.I. service as private from Sept 25. 1779. 2 mos. 6 days. ✓ On roll of Capt. H. Brightman's Co. Col. Hathaway's Regt. from Aug. 3 1780 as private. On roll of Capt. H. Brightman's Co. Col. Darius Regt. from March 8 to 14. 1781. — 6 days ✓ On roll of Capt. E. Gifford's Co. Col. Furner's Regt. R.I. service 1781. as Corporal from July 13; 4 mos. 19 days

5231 And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright Secretary of the Commonwealth.

Washington City D.C. May 3 rd 1853
To the Honorable Secretary of State of Massachusetts. Boston. Sir:
I respectfully, as attorney for the heirs and who claims service as follows:
3 mos 1779 Capt Col Briggs Col Mitchell 1 " 1780 " Packer " " Jacobs 3 " 1778 " Nichols " " Daggett 3 " 1778 St Philip Hathaway " " Whitney 1 " 10 days 1775 Sent Babbitt 5 " " 1776 Capt Griffen
Request a certificate of such proofs of his having so served as your office may afford.
Very Respectfully Yr Ob t Svt
F. E. Hessler
Pension Office, 3 rd May 1853
F. E. Hessler is the duly authorized attorney in the above claim
J. Cace Ch Clerk

74 born 1761.  2 mos Joel Hathaway 75 - 3mo. Capt Nicholas " 1. " 10 th St. Babbit 76. 5mo. Capt Griffin. ✓
proof Babbit Others
  3mo in 79.  under Capt James Briggs  Col. Mitchell    1 " 80  " Packer  " Jacobs ✓    3mo. 78  " Nichols  " Hagget ✓    3mo. 78.  St. Philip Hathaway  " Whitney ✓  

Hon J. L. Edwards Secretary of the Pension Office of the U.S.
Sir I send enclosed, the affidavits of several persons, testifying to the services of Joel Hathaway in the war of the Rebellion - As you communicated to me, that his declaration is not, be- supported by evidence, since research has been made, to find those who served with him in the war and at length have been found - Mr. Hathaway in mind, is much infirm owing to his age and much pecuniary insufficiency, but as to the fact of his service or his integrity for truth, no one who

knows him has the least doubt
I am yours with much respect -
Nath. Langton
Warrington

Mar 5.
Mass
Geo. Greenough JR
James L. Edwards Esq. Comt. Pensions Washington
see Harkness -

Washington 2 o Mar 1836
Jas L Edwards Esq
Sir
I shall feel obliged if you will give me the information sought by the enclosed letter from my friend N. Houghton Esq of Mass —
I am Sir
very respectfully
Your ob st serv t
Geo. Kennelly

Paul Hathaway Map and
Rejected
Side letter to Math. Houghton
April 14. 1834
Hon Geo Grinnell 12 mch 36
Net June 7. 1832
Massachusetts

I Isaac Babbitt of Berkley in the County of Bristol and Commonwealth of Massachusetts aged forty one years, testify & say that I have been acquainted with Joel Hathaway formerly of Berkley but now resident of Barrel in the County of Worcester in the Commonwealth aforesaid, ever since the year 1875. That said Hathaway served as a private soldier in the war of the Revolution in a company of militia under the command of Capt. James Briggs in the Regiment commanded by Col. Abiel Mitchell for the term of three months.
The above service was performed according to the best of my recollection in the summer and autumn of the year seventeen hundred and seventy nine at Tiverton in the state of Rhode-Island.
I do further testify & say that I served the same time in the same company with said Hathaway.
Isaac Babbitt
Bristol ss. September 15th. 1834 Then the above named Isaac Babbitt (who is a creditable person) made solemn oath to the truth of the foregoing affidavit by him signed.
Before me Parzillai Crane Justice of the Peace

I Benjamin Paull of Berkley in the County of Bristol in the Commonwealth of Massachusetts aged eighty one years, testify and say that I have been acquainted with Joel Hathaway formerly of Berkley aforesaid but now resident in the town of Barre in the County of Worcester and Commonwealth aforesaid ever since the year 1875. That said Hathaway served in the war of the revolution in a company of Militia under the command of capt. Packard in the Regiment commanded by Col. Jacobs for the term of one month.
The above service was performed according to the best of my recollection in the year One thousand seven hundred and eighty, and in the town of Tiverton in the State of Rhode Island.
I further testify and say that I served the same time in the same company with said Hathaway. Benjamin Paull
Bristol ss. July 9th 1834 Then the above named Benjamin Paull made solemn oath to the truth of the foregoing affidavit, by him signed. Before me Barzilla Crane Justice of the Peace
Bristol ss. Sept. 15 th 1834. I hereby certify that the above named Benjamin Paull who signed the foregoing affidavit is a credible person. Barzilla Crane Justice of the Peace

I Isaac Babbitt of Berkley in the County of Bristol and Commonwealth of Massachusetts aged seventy one years, testify and say that I have been acquainted with Edward Joel Hathaway formerly of Berkley but now resident in Barre in the County of Worcester in the Commonwealth aforesaid,
That said Hathaway served as a private soldier in the war of the rebellion in a company of militia under the command of Capt. James Nichols in the regiment commanded by Col.
Daggett for the term of three months. The above service was performed in the winter and spring of the year seventeen hundred and seventy eight at Warwick in the state of Rhode-Island.
I do further testify & say that I served the same time in the same company with said Hathaway.
Isaac Babbitt
Bristol ss. September 15th. 1834.
Then the above named Isaac Babbitt made solemn oath to the truth of the foregoing affidavit by him signed
Before me Barzillai Crane Justice of the Peace
Bristol ss. Sept 15th 1834 I hereby certify that the above named Isaac Babbitt whose signature is affixed the foregoing affidavit is a creditable person
Barzillai Crane Justice of the Peace

I Barzillai Hathaway of Berkley in the county of Bristol and Commonwealth of Massachusetts aged seventy sixty nine years, do testify and say that I formerly resided in the neighbourhood where Joel Hathaway (formerly of Berkley aforesaid, but now resident of Barre in the county of Worcester) once lived, and that I have been acquainted with said Hathaway ever since the year 1775. — That said Joel Hathaway served as a private soldier in the war of the Revolution in a company of Militia under the command of Capt. James Nichols in the Regiment commanded by Col. John Daggett for the term of three months —
The above service was performed at Warwick in the state of Rhode-Island commencing about the first of January in the year of our Lord One Thousand seven hundred and seventy eight and terminated the last day of March of the same year.
I do also further testify and say that I served the same time in the same company with said Hathaway. —
Barzillai Hathaway
Bristol ss. August 9th. 1834. Then the above named Barzillai Hathaway made solemn oath to the truth of the foregoing affidavit, by him signed.
Before me Barzillai Brant Justice of the Peace
Bristol ss Sept 15th 1834. I hereby certify that the above named Barzillai Hathaway whose signature is affixed to the foregoing affidavit is a creditable person.
Barzillai Brant Justice of the Peace

I Joseph Sanford of Berkley in the County of Bristol and Commonwealth of Massachusetts aged Seventy three years, do testify and say that I have been acquainted with Joel Hathaway formerly of Berkley aforesaid but now President of Barre in the County of Worcester ever since the year 1875. - That said Hathaway served as a private Soldier in the War of the Revolution in a Company of Militia under the Command of Lieutenant Philip Hathaway in the Regiment commanded by Col. Josiah Whitney for the term of three months - The above service was performed at Warwick in the State of Rhode Island, in the  summer spring of the year 1778. I do also further testify and say that I served the same time in the same Company with said Hathaway.
Joseph Sanford
Bristol ss. July 10th. 1834 Then the above named Joseph Sanford made solemn oath to the truth of the foregoing affidavit by him signed. Before me Baugillis Crane Justice of the Peace
Bristol ss. Sept. 15th 1834. I hereby certify that the above named Joseph Sanford whose signature is affixed to the foregoing affidavit is a creditable person.
Baugillis Crane Justice of the Peace

Commonwealth of Massachusetts Bristol ss. Daniel Bassett Register of the Court of Probate in and for said County do hereby certify that Barzilla Crane is a Justice of the Peace in said County - that his commission as such Justice dates from the 19 th day of October 1829 will expire on the 18 th day of October 1836 and that the signatures to the foregoing certificates to the five foregoing affidavits purporting to be his, are genuine -
In testimony whereof I have hereunto set my hand and the seal of said Court this fifteenth day of September Eighteen hun- dred and thirty four -
D Bassett

Isid Bathaway
Sally Bathaway
Map
Oct 138
132
776 Tipton

Commonwealth of Massachusetts.
Secretary's Office, Boston : March 4. 1853.
I hereby Certify, That, from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name Joel Hathaway is borne on a roll of Capt. James Nichols Co. Col. Daggett's Regt. as private from Jany. 10. 1778. 2 mos. 21 days. R.I. service
2-21 2-06 4-27
On roll of Capt. N. Packard's Co. Col. Jacob's Regt. R.I. service as private from Sept. 25. 1779. 2 mos. 6 days.
5-07
On roll of Capt. H. Brightman's Co., Col. Hathaway's Regt. from Aug. 3 1780. 4 days as private.
4-19
On roll of Capt. Brightman's Co., from Freeman, Berkley & Dighton, Col. Dyer's Regt. from March 8 to 14. 1781. 6 days
On roll of Capt. E. Gifford's Co. Col. Turner's Regt. R.I. service 1781. also on roll from July 13. 4 mos. 19 days

Hudson Hathaway
5153

Hanson Hathaway
5153
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
C. N. Wright Secretary of the Commonwealth.

APPLICATION OF CERTIFICATE OF REVOLUTIONARY SERVICES,
Made by the Am of the party who rendered the service.
STATE OF Massachusetts COUNTY OF Worcester
TOWN OF Barre
The Secretary of State is hereby requested to furnish evidence from the Rolls in his office, of the service of Isaac Hathaway in the war of the Revolution.
He was a native of the Town of Berkley in the County of Bristol and State of Massachusetts
He enlisted from the Town of Berkley in the County of Bristol and State of Massachusetts in the year 1775 or 1776 as a Private in the Company commanded by Captain (as is supposed) Griffin in (suppose) Col. Whitney's Regiment and he served as follows,* viz: suppose Col. Whitney's
  5 Months in 1776.  Capt. Griffin     1 " 10 do " 1775  Lieutenant. Babbit     3 Months, 1778,  Lt. Philip Hathaway  Col. Whitney    3 " 1778  Capt. Nichols  " Dasset    3 " 1779  " James Briggs.  " Mitchell    1 " 1780  " Packer.  " Jacobs.  
I am now fifty seven years old, and † information does not enable me to state the services more fully than above stated.
Witness my hand, this Twenty fifth day of February A. D. 1853
Signed by said. Hudson Hathaway in presence of Lyman Sibley Justice of the Peace.
* Here describe as fully as may be, the length of service, the rank, &c., of the claimant, or the capacity in which he served, and all other particulars known.
† If a widow or heir applies, state "my information."
Printed for F. E. HASSLER, agent and attorney, of Washington City, D. C.
N. B.—OLD LAND PATENTS IN ILLINOIS BOUGHT BY HIM.
Mr. Benjamin Pond, N. 23. old State will please pay fees on this & charge same to yours. F. E. Hassler

War Department Pension Office April 14. 1871
Sir
The documents in support of the claim of Abel Walkaway have been examined & it appears from his declaration that he was not thirteen years old when he entered the Service & he states that he was then upwards of six feet high. this together with his not being able to produce any proof of his service, renders his claim so doubtful, that it cannot be allowed. - His papers will remain on our file.
I am, Very Respectfully Sr. (Mo. Col. L. I.) J. L. Edwards
M rs . Houghton Esq Dane Massa.

Brief in case - Joel Hathaway. Maps.

Brief in case Joel Hathaway.
aged 72 on 12 th July 1853.
Joel Hathaway, (20 th Aug 1833 Open Court), he enlisted in Capt. Nichols Co. Bristol County, Mass: in fore part of Jan'y. 1774 & returned last March of that yr. having served full period of 2 months then discharged. no written discharge Again enlisted in 1775 for 3 months served & discharged; not written Col. name to best recollection was (Daggett). Enlisted in fore part of Oct r for 40 days (Lt Abiel Babbitt) served & was discharged as before - Again Enlisted in Feby. 1776 (Capt. Griffin Co.) for 5 months & after Decl. of Independence, was discharged as before. Does not know of any persons who served with him who can testify.
Isaac Babbitt. (15 th Sept 1834, aged 71 yrs.) says he has been acquainted with Joel since 1775 - Joel served in war of Rev: in Co. Militia under Capt. James Briggs in Col. Abiel Mitchell's Regt. for 3 months - thinks the service was performed in Primus Summer & Autumn of 1779 in R. Island: Dept. served at same time in same Co. with Joel.
Benj. Paull. (9 th July 1834, aged 81 yrs.) says he has known Joel since 1775 & Joel served in a Co. of Militia

Capt. Packard's Co. - Col. Jacob's Regt. for term of 1 month - think in 1780 in Tiverton R. Island venced in same Co: same time.
Isaac Babbitt. (15 th Sept 1834 aged 71 yrs.) says Joel served in war Resolution in Co Militia - Capt. James Nichols - Col. Dazgett Regt. for 3 months - service performed in winter & spring of 1778. at Warwick R. Island.
Barzillai Hathaway (9 th Aug. 1834 aged 69 yrs.) says he famuly resided in neighborhood of Joel. Knew him ever since 1775 - Joel served as a private in war in Militia. Capt. Jas. Nichols Col. John Dazgett. for 3 months - service at Warwick R. Island - commencing about 1 st Jany. 1778 & ending last March same yr: Deat venced same time & company.
Jos. Sanford. (10 th July 1834 aged 73 yrs.) says he was acquaint- -ed with Joel since 1775 - Joel served in Militia under Lt. Ph: Hathaway - Col. Josiah Whitney for 3 months - at Warwick R. Island. venced same time & company with Joel.
No evidence to be found in office Sec. Feb 4 th 1834 - State Mafs. of Serms or affairs described by Joel & witnesses Certificates Sec. State Mafs shows service as a pri-

- was in Capt. Jas. Nichols Co - Col. Daggett Regt for 2 mos 21 days - under Capt. Parkland Col Jacob Regt 2 mos. 6 days . - Capt. Brightman Co - Col Hathaway Regt from Aug 3 rd 1780 - Capt. Brightman Co - Col. Dean Regt. 6 days Capt. Giffords Co - Col. Sumner Regt as Corpo- ral 4 mos 19 days . —————
Regis'ts Court of Probate Certifies that Paul died 9 th Nov. 1838 - Sally his widow died 7 th Sept. 1841 leaving nine children.

Joel Hathaway
LETTER OF ADMINISTRATION.

Sally Hathaway
LETTER OF ADMINISTRATION.
J. H. Fapiu en per dup -

Commonwealth of Massachusetts.
By the Honorable THOMAS KINNICUTT, Judge of the Court of Probate within and for the County of Worcester.
TO Hudson Hathaway, of Barre,
in the County aforesaid,
GREETING.
WHEREAS, Sally Hathaway late of said Barre
hath deceased, intestate, leaving estate to be administered in said County of Worcester, whereby the power of granting administration of all the estate of said deceased in this Commonwealth, doth appertain to said Court. And, whereas, after due proceedings had in the premises, it hath been decreed by said Court, that administration on the estate of said deceased, be granted to you. And now, having given bond for the faithful discharge of that trust, in pursuance of said decree, I ordain, constitute and appoint you administrator, and commit to you the administration of all the estate of said deceased, with all the powers, and subject to all the liabilities, in that behalf provided, by the laws of this Commonwealth.
You are, agreeably to law and the condition of your bond, to make and return into said Court of Probate, within three months after your appointment to said trust, a true inventory, on oath, of all the real estate, and all the goods, chattels, rights and credits of said deceased, which have or shall come to your possession or knowledge;—you are to administer, according to law, all said goods, chattels, rights and credits, and the proceeds of all the real estate that may be sold for the payment of the debts of said deceased, which shall at any time come to your possession, or to the possession of any other person for you;—you are to render, on oath, a true account of your administration, within one year after your appointment to said trust, and at any other times when required by the Judge of Probate; you are to pay any balance remaining in your hands, upon the settlement of your accounts, to such persons as the Judge of Probate shall direct: and you are to deliver these letters of administration into said Court of Probate, in case any will of said deceased shall be hereafter duly proved and allowed.
In testimony whereof, I have hereunto set my hand, and the seal of said Court, at Worcester, the eighth day of April in the year of our Lord one thousand eight hundred and fifty-three.
T. Kinnicut

Commonwealth of Massachusetts.
By the Honorable THOMAS KINNICUTT, Judge of the Court of Probate within and for the County of Worcester.
TO Hudson Hathaway, of Barre,
in the County aforesaid,
GREETING.
WHEREAS, Joel Hathaway late of said Barre,
hath deceased, intestate, leaving estate to be administered in said County of Worcester, whereby the power of granting administration of all the estate of said deceased in this Commonwealth, doth appertain to said Court. And, whereas, after due proceedings had in the premises, it hath been decreed by said Court, that administration on the estate of said deceased, be granted to you. And now, having given bond for the faithful discharge of that trust, in pursuance of said decree, I ordain, constitute and appoint you administrator, and commit to you the administration of all the estate of said deceased, with all the powers, and subject to all the liabilities, in that behalf provided, by the laws of this Commonwealth.
You are, agreeably to law and the condition of your bond, to make and return into said Court of Probate, within three months after your appointment to said trust, a true inventory, on oath, of all the real estate, and all the goods, chattels, rights and credits of said deceased, which have or shall come to your possession or knowledge;—you are to administer, according to law, all said goods, chattels, rights and credits, and the proceeds of all the real estate that may be sold for the payment of the debts of said deceased, which shall at any time come to your possession, or to the possession of any other person for you;—you are to render, on oath, a true account of your administration, within one year after your appointment to said trust, and at any other times when required by the Judge of Probate; you are to pay any balance remaining in you hands, upon the settlement of your accounts, to such persons as the Judge of Probate shall direct: and you are to deliver these letters of administration into said Court of Probate, in case any will of said deceased shall be hereafter duly proved and allowed.
In testimony whereof, I have hereunto set my hand, and the seal of said Court, at Worcester, the eighth day of April in the year of our Lord one thousand eight hundred and fifty-three.
Thos Kinnicutt