Revolutionary War Pension and Bounty Land Warrant Application File S. 9348, Nathan Hathaway, Mass.

SERVICE
NUMBER
Mass.
Hathaway, Nathan
S. 9348
carded
CONTENTS

24.201 New York Nathan Hathaway
of Washington, in the State of New York who was a Private in the Comp. commanded by John Bridgeham of the Regt. commanded by Col. Cotton in the New York for 20 months and 27 days.
★ Mass. Line.
Dec. 14, 1904 Records corrected.
Inscribed on the Roll of New York at the rate of 69 Dollars 60 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of Nov 1833 and to Nathl. J. Putnam Cambridge
Arrears to the 4th of Sep. 33 $174. Semi-ant. allowance ending Apr 34 34.80
$208.80
{ Revolutionary Claim, { As of June 7, 1832. } G. Colles Clerk,
Recorded by Book E. Vol. 1. Page 161
25
6 97 66 66 64.60
20 80 00

State of New York Washington County ss
On the twenty eighth day of August 1832 personally appeared in open court before the Judges of the court of Common Pleas at the court house in the Town of Salem now sitting Nathan Hathaway a resident of the town of White Creek in the County of Washington and State of New York aged seventy six 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 fourth 1832 —
That he was born in the town of Wareham in the County of Plymouth and State of Massachusetts in the year 1755 —
That he has no record of his age and only knows it by information derived from his parents —
That he lived when called into military service in the war of the revolution in the town of Wareham County of Plymouth & State of Massachusetts, that he lived there until 1795 then moved to Herk County of New York then into the said town of White Creek and lives in the said town of White Creek now —
That he was first called into service as an enlisted soldier in Captain Bridghams company of levy or state troops militia (he believes) in Colonel Cottonts regiment, that he actually served two months and an half, during which time he was stationed in the town of Roxbury near Boston Massachusetts in a large house owned by Gov. Hutchinson, at the end of which time he was verbally discharged. That he enlisted the fourteenth or fifteenth of October in said company and was discharged the last day of December 1775. That Gen Washington was then part of the time and many other officers whose names he does not recollect
That before the said two and an half months were

out he had again enlisted into Captain Samuel Bradford's company of State troops or levies (he believes) for five months The Colonel's name he has forgotten - That on the first day of January 1776 he entered the service in said Bradford's company, was again stationed in Roxbury about half a mile northwesterly from his former station. The British army then lay in Boston and the American army about it - That Washington was then in command and all the principal officers of the army - That during the said five months service the British army evacuated Boston and the American army took possession of the town - That he stayed & served the whole five months and was then verbally discharged -
That not more than four or five days thereafter and in the first week in June 1776 he enlisted on board the Brig Rising Empire a vessel of war fitted out by the State of Massachusetts as he was informed carrying sixteen guns and commanded by Captain Richard Welden from Martha's Vineyard Sound. John Kendrick and sailing Master Daniel Russell - That he enlisted for ten months. That the said vessel was new and after making trial of her during three months she was found to be a poor Sailer and the Captain took her to Plymouth, reported her as he thinks unsuitable for the service and at the expiration of three months service of the ten months for which he the said Nathan Hothaway enlisted he was with the rest of his crew verbally discharged by the said Captain Welden -
That about the first of December 1776 he enlisted for three months in Captain Edmund Bottles company of State levies he believes in Col. Hall's Regiment according to his best recollection and was immediately marched to Bristol Rhode Island by Howland's Ferry - That then three months was not allowed to commence till the tenth day of December

That they were stationed at said town of Bristol with the rest of the regiment to prevent parties of British from landing and robbing the inhabitants — That he served under said engagement to the tenth of March and was then verbally discharged at Bristol — Then was only one regiment stationed at Bristol at the time —
That on the first day of July 1777 he again enlisted for six months into a company of State troops (he believes) commanded by Captain Edward Sparrow in a regiment of which the Colonel & Lieut. Colonel's names were Wade & Tyler but which was Col. he is not positive but thinks it was Wade — That the said company was stationed at North Kingston in the State of Rhode Island and the rest of the regiment in and about the neighborhood to keep off parties of the enemy from landing That he served out the six months and was verbally discharged on the first day of January 1778 —
That the same year 1778 in July he enlisted in Captain Elisha Hoskells company of State troops and was stationed at Howland Ferry during General Sullivan's Expedition to Rhode Island — Col. Ebenezer White he thinks commanded the regiment to which he was attached. That he served under this engagement six weeks and was then verbally discharged —
That in the year 1780 in July he enlisted in a company of State troops commanded by Captain John Gibbs in Col. John Jacobs regiment that the regiment was first ordered to West Point (Hudson river) and marched for that place but had got only to Middletown a few miles from said town of Warham when the said orders were countermanded and the said regiment was ordered on to the Island of Rhode Island went there and was stationed on Butts Hill the rest of the time for which they enlisted which was three months — That then

was no other regiment than that but at Newport there were there stationed three or four thousand French troops as was said but who commanded them he does not recollect - That he served in this engage- ment three months the term for which he first enlisted and was then verbally discharged -
That he never received any discharge in writing from any of the said services and has no documentary evidence of any knows of no person whose testimony he can procure who can testify to his said services that there is no clergyman who has resided in his neigh- borhood more than a year and cannot therefore testify for him - 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 and Subscribed the day and year aforesaid J. S. Leigh C.R.
his Nathan X Hathaway mark
We Daniel H. Pratt residing in the Town of White Creek County of Washington and State of New York and John King of the same place hereby certify that we are well acquainted with Nathan Hathaway who has subscribed the above declaration, that we believe him to be seventy six years of age. That he is reputed and believed in the neighbor- hood where he resides to have been a soldier of the revolution and that we concur in that opinion -
Dan l H. Pratt John King
Sworn to & Subscribed the 29 th day of August 1832 in Open Court
Henry Rice Clerk of Court J. S. Leigh C.R.
Notary Public Bella

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 Daniel H. Pratt and John Kling who have signed the preceding certificate are residents of the said town of White Creek and are credible persons and their statement is entitled to credit.
I Joseph S. Leigh Clerk of the court of common pleas for the said county of Washington do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of Nathan Hathaway for a pension. In testimony whereof I have hereunto set my hand and seal of my office this 28 th day of August in the year one thousand eight hundred and thirty two. J. S. Leigh C.C.P.

No 21.884
Nathan Hathaway Washington Co N.Y.
J.
March 20 Month 27 days
Adma
John P. Putnam Cambridge Washington Co N.Y.

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. 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.
ton Ead. G.
A Statement, shewing the Service of Nathan Heathway Washburn
   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.     Enlisted 15 Oct 1775 discharged Oct 1775 2 15 Private Capt Bridgham Col Cotton Capt Bradford 76 years Plymouth Co. Massachusetts Traditional Evidence stated credible by the Court   Enlisted June 76 3 seaman Capt Sheldon the brig Rising Star   Enlisted June 76 3 Private Capt Cotton Col Heath   Enlisted July 77 until Jan 78 6 Capt Sparre Col Wade   July 78 - 1 12 Capt Haskall Col White   Enlisted July 80 3 Capt Gibbs Col Jacob   20 27  
I am, respectfully, Your obedient servant, J. L. EDWARDS,
Commissioner of Pensions.
It cannot readily be admitted that the services alleged are insusceptible of proof, and the regulations require applicants to furnish the best in their power.

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) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B., who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person, will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned. [d] The declarant must mention the period or periods of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[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.
John R. [unintelligible]

State of New York Washington County
Nathan Hothaway of the town of White Creek in said County being sworn saith That he is the same individual who subscribed and sworn to the annexed declaration - That in addition to the fact sworn to in said declaration that "he knows of no person whom listening he can procure who can testify to his services" he knows further saith that he has lived in the said town of White Creek and in the same neighbourhood for almost forty years (thirty six at least) That during the whole of that time he has been poor barely able to procure the necessaries of life for his little family - That he lived also obscurely & without the ordinary means of information necessary for him to know at this day if any of his comrades in the war of the Revolution are living - That he does not know of one survivor among them all - That if he could go to the part of the country where he was brought up and served he might find some survivors perhaps who would know him, but that he is situated about two hundred and fifty miles from them and without the pecuniary means of bodily health necessary to such undertaking - That he has but two children living of the four he brought up - one of whom resides about two hundred and forty miles from him is a son & poor and the other a daughter who lives in Hamilton County (Ohio) and was when she left him poor & he knows nothing of any favourable change in his circumstances - That it is utterly out of the power of this deponent to accomplish a journey to Warham and endeavour to find the witnesses desired. And this deponent further saith, that there served with him in Capt Bridgehams Company, Ebenezer Bolley, in Capt Bradfords Company, Levi Purvis  Gardner Benjamin Purvis  Gardner & Arthur Hothaway in Capt Wildens crew prime most to Joseph Hammett & John Smith Thomas Bates Melvin Hare and in Capt Spanans

company - S th Stevens Bernard Cole Ellis Griffin Barnum Cable S th Pope & Maltbie Clark - and in Capt. Gibbs Com- pany Tisdale Winslow 1 st Lieut. Benjamin Ward 2 d Lieut. & privates Isaac Savory Edward Hardy Levi Gurney & George Gurney and that Benjamin Beman which are all the names of his comrades he now recollects
Swam the 21 st day of June 1833 before me
John H. Hotham mark
John P. Putnam Justice of the peace

State of New York Washington County ss
The Henry Rice (Sustainer of the peace) Joel Pitch Zera Waite Harvey Waite Elmer Wright Benjamin Joslin Leonard Wells Joseph D. Bennett
all of the town of White Creek in the County of Washington & State of New York hereby certify that we are well acquainted with Nathan Hothaneay who has subscribed the above & amply declarated and affidavit that we believe him to be twenty seven 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 - And we do further certify that the said Nathan Hothaneay is a poor but honest man that he is a man of unimpeachable veracity and his statement is entitled to full credit -
Subscribed & sworn to by Henry Rice Esq June 21 st 1833 before me John P. Putnam Justice of Peace
Henry Rice Joel Pitch Zera Waite Harvey Waite Elmer Wright B. Joslin Leon Wells Joseph D. Bennett
Subscribed and sworn the first day of July 1833 but Henry Rice before me Henry Rice Sustainer of the Peace
Washington County ss I the undersigned do also certify that I am well acquainted with Joel Pitch Zera Waite Harvey Waite Elmer Wright Benjamin Joslin Leonard Wells Joseph D. Bennett the persons who have subscribed and sworn to the last foregoing affidavit and also I am well acquainted with Daniel H. Pratt and John King the persons who

Subscribed and sworn to the first of the preceding affidavits and which was originally taken before me out of court. That they are all persons actually residing in the said town of White Creek are severally credible persons and the statement of each of them is entitled to credit.
Henry Rice Justice of the Peace
[Faint, mirrored bleed-through text from the reverse side of the page]

State of New York Washington County
Is; I Jesse S. Leigh Clerk of the said County do certify that John P. Putnam Esq. before whom the foregoing affidavits of Nathan Hathaway and Henry Rice purport to have been sworn was at the time a Justice of the peace of said County, and that Henry Rice Esq. before whom the foregoing affidavit of Joel Rich, Lera Waite and five other persons to have been sworn was, also, at the time a Justice of the peace of said County and that I am acquainted with their respective hand writing and only believe their names subscribed to the said affidavits to be their proper hand writing & signature and that the name of the said Henry Rice Esq. to the certificate of credibility of the witness sworn before him is the proper hand writing of the said Henry. And I further certify that I have connected or fastened these seven half sheets of paper at the top with ribbon and placed my Official Seal thereupon.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said County this 6 th day of August. 1833.
J. S. Leigh Clk

In the matter of Waltham & Holtham
21884
done

Rev. Nathan
9348
INVALID.
File No. 9348
Nathan Hathaway ★
Rev. Rev. War
Act: June 7th 1862
Index:—Vol. 1 , Page 161
[Arrangement of 1870.]
Nathan Hathaway ★ Dec. 19, 1924. Records corrected. *

J. Edwards Ely
Sumnerian of Tuscarora Washington City

J. S. Edwards Esq.
Sir May I in behalf of the applicants named in the enclosed papers solicit an early attention to their claims as the duties of that branch of the department will permit. I would also enquire what is the result of the applications of John Whitmore Clark Rice and John Cooper whose papers were forwarded about two months since. Your attention thereto will much oblige them & Sir Your obedient servant
John P. Putnam
Lambskege Sept 10 th 1833 Washington County N.Y.