Revolutionary War Pension and Bounty Land Warrant Application File S. 29,853, John Hathaway, Mass. Mass. Sea Service

SERVICE
NUMBER
Mass.
Hathaway, John
S 29,853
Mass. Sea Service.
CONTENTS
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10.579 Massachusetts
John Hathaway (16)
of Bristol in the State of Mass who was a Pirate in the company commanded by Captain Dillingham of the ship commanded by Col French in the year 1682 time for 4 Mo's 20 Days 11 Do 2 Days Pirate
Inscribed on the Roll of Pensions at the rate of 52 Dollars 88 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 th day of April 1832 and sent Alden Bradford New Bedford Mass
Arrears to the 4th of Mar 1833 $105.76 Semi-annual allowance ending 4 Feb 26.24
$132.20
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J F McBlain Clerk, Book 2, Vol. 2, Page 31.
Died Jan'y 16, 1842 Aged 80

State of Massachusetts - Bristol p. (1)
On this thirty first day of Sept  July A.D. 1832, personally appeared John before the Court of Probate  Common Pleas at Walpole  Taunton in the County of Bristol, non sitting, John Hathaway of New- Bedford in the County aforesaid, aged seventy seven years in Nov. 1831 who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress, passed June 7. 1832 That he entered the service of the United States under the following names & offices & served as hereafter stated, viz. That he enlisted the 1st of  the April 1775, for eight months, in Captain Thomas Newton's Company & Col. Timothy Danyelson's Regiment, being then an inhabitant of Dartmouth where he was born (now New Bedford) in said County of Bristol, & being then of the age of twenty years -
That he

served during the said term & in said Compa- ny & Regiment, at Roxbury near Boston. That He enlisted again in a Company commanded by Benjamin Dillingham & Col. French's Regt. in January 1776 & served three months - at Cambridge & Roxbury, the said enlistment being to recruit the regular army, while the regular troops were enlisting for the year - That in the Spring of 1776, soon after the last mentioned service, he enlisted on board the Brig riding Empire, a State Vessel, called at that time a Province Vessel, in the port of New Bedford mouth now New Bedford. Richard Welden (or Whelden) commanded said Brig - with 10 guns, a little over one hundred men - The Captain & many of the men were from Martha's Vineyard - That he was four months on board said Brig as a hand - That she proved a poor sailor, & was sometime at the Vineyard, & afterwards went round Cape Cod into Plymouth - where the said vessel was con- demned on account chiefly of being a poor sailer. That he was then discharged - He

hereby relinquishes every claim whatever to a pension or gratuity  annuity except the present declares that his name is not on the pension roll of the agency of any State -
John Hathaway I hereby subscribed the day year aforesaid -
Before H. Baylies, Judge of Probate

John Hathaway
Massachusetts
No 6322.
Seaman 4 Month Pw ah 11 - 2 day 16 06 July 22 1833
P 262
$52.88.
Ha L L Hodges HR
Alden. Pradford E New Bedford Bristol Co Mass, Mass

BRIEF in the case of John Hathaway , of Bristol County in the State of Massachusetts, (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     April In 1775 Enlisted " — 8 — " — — Private Col Timothy Danceldon's Regiment   July 1776 " " — 3 — 2 Private Capt Thomas Kempton's Comp'y, Col French's Regiment   Spring 1776 " — 4 — " — — Retained Capt Benjamin Dillingham's Comp'y on Board a Brig Rising   — 15 — 2 Empire "Capt Richard Walden or Walderen"  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Dartmouth now New Bedford  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Two Living witnesses for 1st tour of 8 mos, documentary for 2d tour of 3 mos + 2 days, + Strong Circumstantial evidence for 3d tour of 4 mos, —  8. Are the papers defective as to form or authentication? and if so, in what respect? defective on separate sheets of Paper. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Charles Little Examining Clerk.

Boston, Secy's Office, June 13. 1832.
Dr. Sir,
I cannot find among the Rolls any accounts for 8 months services in 1775, nor indeed for any period of service in that year , exceeding three months & a few days. There are very numerous Rolls for the three months service, beginning in the latter part of April or beginning of May, and ending in the early part of August, and the balances due upon these rolls were settled by the Council in 1776, and warrants drawn for them. I do not find any regular rolls or accounts for services in '75 after August, excepting for periods of a few days, in the case of minute men, guards &c. I am unable to say, from any thing I find on record here, when the Continental Congress assumed the payment of the State troops, but I had rec d the impression (I cannot now say from what source) that it was early in '76, but perhaps had relation to the services after August '75. In that case the documents necessary to prove those services would now probably be at Washington, unless they were destroyed in the conflagration at the War Department in Mr. Sexton's time. —
Turn over

Since writing the foregoing, I find, by an Order of Gen. Wash- ington of July 3. 1775, (on the copy of Gen. Ward's Orderly book) that the Congress had then taken the State troops into this their pay - and I also find that the Gen. Court passed a Resolve, Nov. 3. 1776, directing that muster rolls of all the Companies should be made up to the first of August, and depos- ited in the Secy. Offic. These are the rolls now on file, and which I have before referred to. The subsequent accounts for services were therefore, I presume, paid by Congress thru' their paymaster generals, & this accounts for there being no rolls of service in '75 after August in the archives of this Commonwealth.
Very respectfully,
Your obed. Servt.
Edward D. Bangs Esq.
Miles Bradston Esq.
It appears from the P. Orderly Book that the Army near Boston was reorganized, & put entirely on a Continental footing in Aug. '75. -

John Hathaway
Mr. S. L. Hodges (N. R.)

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Hathaway which require further proof or explanation.
 I. Does the declaration show where the applicant resides? Yes  II. Did the declarant make the declaration in the county where he resides? Yes  III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  IV. Has the declarant mentioned the period or periods of the war when he served? Yes  V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes  VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes  VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes  VIII. Has the Court given their opinion? Yes  IX. Has the Clerk given his certificate? Yes  X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes 

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? The clergyman's certificate is here in the case
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Living witness & documentary
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes for 11 months,
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. † Are the papers authenticated as the regulations direct? No - There is (a way) a certificate of the authority of the court that I am a Justice - As to proof a deponent on (sixth page)
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.
I do not what other authentication is expected. I suppose a certificate in every case is sufficient without having it to every paper in each case which

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
Evidence must be produced to show that the "Bris Rising Empire" was a public armed vessel & not private — this may possibly be obtained from J. S. Bangs
Clerk's certificate that J. S. Bangs, Rising Empire could in no case be...

Commonwealth of Massachusetts.
(4)
Secretary's Office, Feby 28 1833.
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 Brig "Rising Empire" was a Vessel in the service of the State of Massachusetts, in the War of the Revolution; and that in 1776 she was commanded by Capt. Richard Whellen, as appears by a Roll containing an account of the Services of the Officers & Men of said vessel from April 26 to June 12. 1776
Edward D Bangs Secy

James L. Edwards Esq Pension office Washington

Sir
(5) New Bedford, Mass ts March 2 d 1833
I have recd. from Hon. Mr. Hodge, our Representation in Congress, the papers of John Hathaway, no 6322; with a printed sheet, stating the defects in all the articles or items appear correct but two - one as to the authentication of the certificate - But there is a certifi- cate, from the Clerk of the County Court, as in other cases, that I am a Justice of the Peace - And I certainly supposed, that if I obtained a certi- ficate in each case, or set of papers it would be enough - & not that I must produce a certificate to each & every deposition in the same case - I conclude the Clerk's certificate was overlooked in this case The fee to the Clerk is high - & if he must give it to every deposition, it would cause great expense

I understood from what you wrote me, that a certificate would be required in each separate case but not for every paper or oath in such case -
As to the Brig. Rising Empire, it is matter of public notoriety that she was not a piratical but a State Vessel as stated in the case!
I hand the enclosed from Mr. Scry. Bangs - a letter to forward it, with the papers in the case with respect Aldea Bradford

John Sherman Deposit for John Hathaway July 1832

United States of America.
State of Massachusetts -
Bristol ss. New Bedford July 2 d 1832
Personally appeared, before me the Subscriber, a justice of the Peace & Inquisitor for said County, duly authorized to administer oaths to persons giving depositions or affidavits, on this second day of July 1832, John Sherman of said New Bedford, aged eighty three & now a pensioner of the United States, and made solemn oath, that he is a neighbor to & well acquainted with John Hathaway of said New Bedford, having been born in the same town, & having known said Hathaway from his youth; that he served in same company with said Hathaway in the year 1775, during eight months, viz. from first or early part of May to the last of December, said company was commanded by Thomas Kempton, in Col. Timothy Danielson's Regiment - that he knew Capt. Benjamin Dillingham, who commanded a company from Dartmouth, (including New Bedford which now is) for three months from January to April 1776, to recruit the Continental regular army, or rather to serve till the regular enlistments could be completed for the year 1776, & that said John Hathaway was in said company of Dillingham, according to my best recollection & belief, & has no doubt he was, but not being in Dillingham's Company at said time, is not so fully positive, as in the other case aforesaid - In witness of the truth of

The foregoing, the said Sherman has put his name
Soon to be fore, John Sherman Alden Bradford Jut. P. & Lewis
John Sherman Subscription for John N. Hathaway July 1832

I Philip Cannon of New Bedford a county of Bristol State of Massachusetts aged seventy three years, testify say on oath, that I well knew John Hathaway found at New Bedford, formerly a servant, & that I also well remember the brig, Rising Empire, was fitted out in this port, in 1776, & under the command of Richard Wel- den, or Whelden, & I think I have no doubt John Hathaway was on board said vessel. That the said vessel went to the Vineyard, & thence to Plymouth, & after some time was condemn- ed, as she was a loyal vessel.
Philip Cannon Bristol July 30. 1832
Said Philip Cannon subscribed & sworn to before me Adam Burdick

Bennett
Ans. recd Jan. 1 in case Aug. 1940

Public Library (7)
Fall River Mass.
Bureau of Pensions. Rev Soc 121
Will you please send me the pension record, if any, of John Hathaway of Dartmouth, Mass. who served in the Rev. War. He is given in Soldiers and Sailors of Mass in the Rev. War as John Hathaway of Dartmouth Mass. and I think the only John from Dartmouth. I am anxious to know if his wife's name is given or his father or mother in the record you have and if he received a pension. I will

be very grateful for any information you have -
Yours very sincerely (Miss) Harriet P. Bennett Public Library Fair River Mass.
March 29 th 1917 -

29853
Rev INVALID.
1917 Apr. 10. Hist. to Miss Harriett P. Bennett. P.
File No. 29,853
John Hathaway Rev Rev
Act: June 7 th 89 th
Index:—Vol. 9 , Page 171
[Arrangement of 1870.]

Secy. Bangs Certificate Ms. Hathaway
Abden Bradford Esq. New Bedford

Commonwealth of Massachusetts.
Secy's Office, June 8. 1832.
I hereby certify, that it appears by a Muster Roll on the Military Files of the Revolutionary War existing in this Department, that John Hathaway of Dartmouth, in the Massachusetts, enlisted as a private, May 6. 1775, in the Company commanded by Capt. Thomas Bangs, in Col. Danielson's Regiment, and served therein for the space of three months and two days, beyond which period of service said muster Roll does not extend.
Edward D. Bangs, Secretary.

John Hathaway
N o 6322.
Letter within

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 mariner, and served as he states — and the Court further certify that it appears to them that Stephen Lovell, who has signed the preceding certificate is a Clergyman, resident in the town of New Bedford in the County of Bristol aforesaid; and that Thomas Kempton, who has also signed the same is a resident in said New Bedford and is a credible person; and that their statement is entitled to credit — H. Baylies, Judge of Probate
I Anselm Bassett Register of the Court of Probate within and for the County of Bristol aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Hathaway for a pension. — In testimony whereof I hereunto set my hand and seal of Office on the day and year first aforesaid — Anselm Bassett

V. H. Nathan
For testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this Eleventh day of August in the year of our Lord one thousand eight hundred
John G. Morris
Clerk

We Stephen Lovell the Town of New Bedford a Clergyman of of Bristol State of Massachusetts, and Thomas Kempton said New Bedford, a citizen of say, that we are well acquainted with John Hathaway, who has made application for a pension that we believe him to be seventy seven or eight years of age; that he is reported & believed, in this place to have been a soldier in the war of the revolution, & that we concur in that opinion; he said, Kempton adds, that his father commanded the company in which said Hathaway served eight months in 1775, & that he has now in his possession the muster roll of said company, with the name of John Hathaway, & he is certain the above named Hathaway is the same man, having always lived near him - Thomas Kempton Stephen Lovell

Bristol. July 30th A.D. 1832
Then the above named Stephen Lovell & Thomas Kempton subscribed & made oath to the foregoing or within declaration as true - and I certify that the said Lovell is a regular settled Clergyman of this town of New Bedford in said County, & that said Kempton is a respectable citizen of the same town, & son of said Capt. Thomas Kempton - they both Alden Bradford Just Peace
Commonwealth of Massachusetts.
9th Dec. 1832.
I James Sprout Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Alden Bradford Esq. whose signature is affixed to the foregoing and annexed certificate, is a Justice of the peace in & for said County of Bristol, and duly qualified to administer oaths.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this Eleventh day of August in the year of our Lord one thousand eight hundred and thirty two.
J. Sprout
J. H. H. H.

M c Hattaway
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State of Massachusetts - Bristol ss. New Bed- ford June 23. A.D. 1832 - Personally appeared before me the subscriber, a Justice of the Peace for said County & in said State, John Skiff now an inhabitant of Easton, County of Washington & State of New York, but former- ly of Dartmouth (now Fairhaven) in said County of Bristol & State of Massa- chusetts, & made solemn oath, that he is personally acquainted with John Hathaway of New Bedford, & also present before me, & that he knew said Hathaway was in the American army in 1775, for eight months, to wit, from first of May to last of December; that I then knew him personally, we being from the same Town, then Dartmouth, but since di- vided - & I being in the same Regi- ment with the said Hathaway for said time, which was commanded by Timothy Danson; the said Hatha- way being in Capt. Kempton's company & I was in Capt. Daniel Agry's company - And also that I was in the company commanded by Capt. Benja Dillingham & Col. French;

Regiment for three months from first of January 1776 to first day of April 1776, at Roxbury & Cam-  bridge , & Dorchester - & that said John Hathaway  Dabbling was a private in said company for the said term of three months. which was the time for which we enlisted, it being to recruit the army, while the regular troops for a year were enlisting - In witness whereof said Skiff have hereunto before me subscribed my name Alden Bradford John Skiff Just Peace Bristol p. June 23 1832 I own to as true before me Alden Bradford Just Peace
Mr. H. H. Hovey