Revolutionary War Pension and Bounty Land Warrant Application File S. 21796, Moses Hastings, Mass.

SERVICE
NUMBER
Mass.
Hastings, Moses
S. 21796.
CONTENTS

N. 11.2.85 Vermont
Moses Hastings
of Bennington Co. in the State of Vermont who was a Private in the company commanded by Captain Parker of the Regt. commanded by Col. Ruggles in the Mass. troops time for 9 months Private $30.00
Inscribed on the Roll of Vermont at the rate of 30 Dollars ————— Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of June 1833 and sent to B.C. Merrill Bennington Vt.
Arrears to the 4th of March 1833 60.00 Semi-ant. allowance ending 4 Sep. 1833 15.00
$75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown
Clerk.
Book E.
Vol. 3
Page 68

STATE OF VERMONT, } ss. County of Bennington. }
On this 3 rd day of October A. D. 1832, personally appeared in open court, before the Hon. the Court of Probate for the District of Bennington, now sitting, Moses Hastings a resident of Bennington in the County of Bennington and State of Vermont aged 77 years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.—That he entered the service of the United States under the following named officers, and served as herein stated.
That in the year 1775, he belonged to a body of volunteer soldiery, denominated at the commencement of the revolution, "minute men"—That he enlisted into this corps, and was fully equipped at his own expence, and in constant readiness early in the spring of the year 1775, in the company commanded by Capt. Noadiah Leonard, in the Regiment commanded by Col. Benjamin Ruggles Woodbridge. That immediately on the alarm occasioned by the battle of Lexington, sometime about the 21 st day April A. D. 1775, he left his residence in Amherst, Massachusetts, and marched with Capt. Leonard and his company to Cambridge, Massachusetts,—I remained in service, until the 21 st day of January, A. D. 1776, in what was called the nine months service. After our arrival at Cambridge, we were placed to Gen. Putnam's brigade. Our principal duty was keeping rigid guard duty over the magazines at Watertown, Massachusetts.
In 1777, I enlisted for the period of three months, into the company commanded by Capt. Ely Parker, in the Regiment commanded by Col. Leonard.

By reason of the peculiar situation of my domestic concerns, and the private affairs of Capt. Parker, I was persuaded by him to remain at home with the households and the stuff; I accordingly did equip and hire a substitute, named Joshua Whitney, now deceased, to serve in my name and stead for the remainder of my term of three months, this was done about one fortnight after I enlisted - This company and Regiment marched as far north as Fort Ticonderoga, and my substitute served the full period of my three months enlistment, for which I paid him. -
I afterwards belonged to a clasp of men, who were classed according to Act of Congress, and the class I belonged to, were called upon and obliged to furnish two soldiers for the continental service. The first man my class hired was Jonathan Allen, for three years as I think, who served his time out, and came back a hearty soldier and able bodied man. The 2 d man my class hired was Samuel Prince for during the war, who also served his full period of enlistment, and came home after the close of the war. - It was a very heavy tax, but a necessary tax price for our liberty. - The depreciation of the continental currency, raised the tax upon the class to nearly the full pay of the wages of the two soldiers. -

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.
In answer to the interrogatories propounded by the Court the applicant declares,
1st. That he was born at Amherst, Massachusetts, in August 1755. 2d. That he has a record of his age, made by my father in the family Bible, which I now own. 3d. That he lived in Amherst, Massachusetts when called into service, and resided there until the year 1819, when he removed to Wilmington, Vermont , where he resided until, in 1828, he removed to his present place of residence. 4th. That he was enlisted as volunteer soldier 5th. That among the regular officers who were with the troops where he served, he recollects Col. Thomas, Col. Patterson, Col. Joseph Reed, Gen. Gates acting Adjutant General, Gen. Lee, and Gen. Washington and others 6th. That he never received a written discharge
7th. That he is known to Samuel Robinson residing in Bennington and O. C. Merrill residing in Bennington who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution.
Sworn to, and subscribed, the day and year aforesaid.
We, Samuel Robinson residing in the town of Bennington , and O. C. Merrill , residing in Bennington hereby certify, that we are well acquainted with Moses Hastings who has subscribed and sworn to the above declaration; that we believe him to be 77 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 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 Samuel Robinson who has signed the preceding certificate, is a credible person resident in the town of Bennington and that O. C. Merrill who has also signed the same, is a credible person and is a resident in the town of Bennington and that their statement is entitled to credit.
I, WILLIAM HASWELL, Register of the Court of Probate for the District of Bennington, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Moses Hastings for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 3 rd day of October A. D. 1832
Wm Haswell

J. Howard Clark
Mrs. Hastings
20090

I Simeon Pomroy of Ankenest in the County of Hampshire and Commonwealth of Massachusetts of Lawfull age do testify and say that I am well acquainted with Moses Hastings of Bennington in the State of Vermont, and knew him in the War of the Revolution, he then lived in the Town of Ankenest aforesaid, that early in the Spring A.D. 1775 I and the said Moses Hastings and several others belonging to said Ankenest, enlisted as "Minut men" in the Massachusetts line and immediately after the news of the Battle at Lexington I think about the twentieth day of April in said year, we left home and repaired to Cambridge, where we served in the Company commanded by Capt. Nathaniel Leonard, and Col. Woodbridge Regiment during the campaign, and were discharged in the January following, during all which time I served in the same company with him - and further the deponent saith not.
Simeon Pomroy
Commonwealth of Massachusetts
Hampshire County ss. September 3. 1832 Then personally appeared Simeon Pomroy who subscribed the above affidavit and made solemn oath to the truth of the same.
Before me Itthamar Cooke Justice of the Peace
I also hereby certify that the aforesaid Simeon Pomroy is well known to me, and is a credible witness -
Itthamar Cooke Justice of the Peace

Commonwealth of Massachusetts
Hampshire ss.
I Solomon Stoddard, Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire do certify that Nathan Conkey Esquire whose signature is affixed to the within certificate was, at the date thereof, one of the Justices of the Peace, within and for said County duly commissioned, and acting under the authority of this Commonwealth and that full faith and credit is, and ought to be given to his acts and attestations done in that capacity - and that I am well acquainted with the handwriting of the said Nathan Conkey and believe his signature within to be genuine,
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this Fifth day of September in the year of our Lord one Thousand Eight hundred and thirty two -

20690 Hastings Moses Barnington Matt Yrs
service by substitute not embraced by the act.
admitted 9 mo.
admitted 9 mo. Private $30
O. C. Merrill Paymaster / Lt. Barnington / Matt Pennington

WAR DEPARTMENT,
Pension Office,
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 subjoined 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. These 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 Moses Hastings Bennington Co Vermont
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol 1775 Enlist 1777 — 9 — Private Capt Leonard Parker Brig Genl Burgoyne Maj Genl H. K. Dimond Genl Putnam Col Leonard Cambridge Mass Tyende Nova 77 yrs Amherst Mass Achusett Traditionary & A Living Witnesses {   0 15 —  
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 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 he 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 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
nam eng fs

Revolution
21796
INVALID.
File No. 21,796
Moses Hastings
Prv Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 187
[Arrangement of 1870.]