Revolutionary War Pension and Bounty Land Warrant Application File R. 4742, Abial Hatheway, Mass Sea Service

SERVICE
NUMBER
Mass
Sea Service
Heathway, Abial " Heathway
R. 4742
CONTENTS

In the Matter of Abial Nathanbay Application for a Pension.
x D
20278
D. S. M.

State of New York County of Washington
On this Sixth - Day of December 1832 personally appeared in open Court before the Honorable the Judges of the Court of Common Pleas of the County of Washington now sitting Abial Hathaway a resident of the Town of Hartford 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 7. 1832. That he entered the service of the United States under the following named officers and served as herein stated.
That in 1778 and in the Month of May as he believes he lived in Freetown County of Bristol and State of Massachusetts & was there draughted into the service of the United States for the Term of Three Months & immediately joined his company under the Command of Capt. David Walker & a Lieut. Paul and Ensign Philip Hathaway and marched to Providence  in Rhode Island  Massachusetts where he staid about One Month or so and marched to the Island of Rhode Island & in four or five Days or so marched to Bristol & was stationed there until discharged after having served his said Term of Three Months & had no written discharge. That the

Regiment to which he was attached was Commanded by Col John Hathaway. he dont remember the name of the Colonel nor Lt. Col. but Isaac Hathaway was the Adjutant of the Regiment & Joshua Hathaway was Major thereof. That he was in what was called Sullivan's expedition under the Command of Gen Sullivan on Rhode Island at Snaker Hill & was in sight of the Battle at the time the Regiment of Blacks were fighting so bravely & were cut up by the British. That he & his Regiment were anxious to go into the Battle but were not permitted to do so.
That he entered the naval service of the United States about the first of January 1779 at Charleston South Carolina. That he shipped under a continental Agent whose name he believes was Levingston to sail under Captain Patric Maxwell on board the Brig Isaac for the purpose of carrying provisions to supply the Continental Forces at Boston and other places. That Thomas Maxwell was Chief Mate of the Ref Brig and this deponent was 2 d Mate. That he was stationed at Charleston until about the first of May 1779 when the Brig sailed for Boston with him on board and when the Brig was near Martha's Vineyard she was taken by the British Schooner

1 when on she was taken by the British Schooner
called the Lucy commanded by Captain Grew and the said Brig & all on board were taken to New York of which the British then had possession and this deponent was kept a prisoner there for Two years and One 26 Months. Month or thereabouts and in July 1781 he and another prisoner escaped under a heavy fire of Musketry and the guns of a Liberty Gun. That the reason why they were so long at Charleston before sailing was that an embargo was laid by the Governor Pinckney on account of the British lying off the Bar & there being so many British Cruisers off the Coast - For this reason he was told they were not permitted to sail before.
That he does not know of any person living by whom he can prove any of his services herein detailed & stated.
That in 1775 or 1776 and he cannot now remember which he went into the service as a substitute for one Lemuel Windsor who had been drafted for one Month that he then resided at Freetown aforesaid and went and served one Month at a place called Tonnion's Hill on Rhode Island under the Command of Captain Riggs. whose Company was attached to Colonel Tappins Regiment. That he

Cannot with any distinctness recollect the precise time or year of the above service but believes it was in 1875 or 1876 the years aforesaid, and he believes it was in the Months of May & June that said services were performed. & that it was in the Spring or fore part of Summer. He is certain
That he has no documentary evidence of his services or of the facts above stated and never had any written discharge from said services as he believes and further that no clergyman resides in the immediate neighborhood & vicinity of said deponent & for that reason he has procured the testimony & certificate of two other persons to their belief of his age and services, and that 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 whatever.
And the said Abial Hathaway in answer to the Interrogatories directed by the War Department to be propounded to all applicants for Pensions in certain cases further says.

First. That he was Born at Freetown County of Bristol and State of Massachusetts on the 16 th of December 1758 as he has been informed and believes.
Second. That he has no Record of his Age, but there was & he presumes now is a Record thereof at Freetown the place of his Birth kept by some Officer of the Town.
Third. That he lived at Freetown aforesaid at each time he entered the service but had been on a cruise at sea and was at Charles-town South Carolina when he enlisted into the Naval Service. That he resided in Freetown during the revolution & until about 1796 when he moved to Hartford Washington County State of New York where he still resides.
Fourth. That he was Drafted into the service the first time stated in his declaration above and went into it by Voluntary Entitlement the 2 d time above set forth being the Naval service and that he went as a substitute for one Lemuel Windsor at the 3 d & last above stated service.
Fifth. That Gen Sullivan and Major Gideon Williams of the Army and Captain Biddle of the Navy (who commanded the Randolph of 36 guns & who was afterwards blown up in battle by Hot-Shot from a British Vessel near the West Indies as he believes) were at the places where he served and in the service & also the Officers named in his declaration above.

Sixth That he never received any written discharge from the service to his recollection.
Seventh That he is known to Joseph Cowen William Warren John Stockwell and Thomas Adkins in his present neighborhood any of whom 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 21 st of February Day and year aforesaid before me in Open Court. J. S. Leigh C.R.
We Roger Holliday residing in the Town of Hartford County of Washington & State of New York and residing in the Town
County & State aforesaid hereby certify that we are well acquainted with Abial Hathaway who has subscribed and sworn to the above declaration; that we believe him to be Seventy Six 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. N.B. the above interlineation was made before this certificate
Sworn and Subscribed the Day and year aforesaid Before me in Open Court. J. S. Leigh C.R.
was signed or sworn to. Roger Holliday Joseph Cowen
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 certifies that it appears to them that Roger Holliday, who has signed the preceding Certificate is a resident in the Town of Hartford - County of Washington & State of New York and that Joseph Cowen who has also signed the same is a resident in the Town _____ County & State aforesaid and that they are credible persons and that their statement is entitled to credit and that no clergyman resides in the immediate vicinity of the Applicant.
I Jesse S. Leigh Clerk of the Court of Common Pleas of the County of Washington do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abial Hathaway for a Pension. In Testimony whereof I have hereunto set my hand and Seal of Office this 6 th Day of December 1832.
J. S. Leigh Clerk

20278 —
Abial Hathaway Washington Co N. York
Shade D Brown Hartford Washington N. York

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjóined 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 Abial Hathaway Washington Co. N. York
   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.     Draft May 1778 3 pr Capt. Wal- ker Col. John Hathaway R. Island 76 Green- town Map. Revolutionary   Jan. 1779 26 2d Mts Capt. Max- well Charleston. S.C.   1775 or 76 1 pr Capt. Riggs Col. Lof- fins   2 6  
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 place- where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[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.
R. Newman

In the matter of Abial Hatheway Pensioner
Copy -
Rupel Clark - Sandy Hill Washington County New York Agent -

Subscribed and Sworn in open Court this 5 th day of Decr 1820 -
Sworn December 5 th 1820
In open Court - D. Shipard Clerk
I Daniel Shipard Clerk of the County of Washington Hill as New as to do here by certify that the foregoing Oath and the Schedule thereunto annexed are truly copied from the Records of the said Court and do further certify that it is the opinion of the said Court that the Total amount in Value of the property exhibited in the aforesaid Schedule is twenty five Cents - In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 5 th day of December 1820
D. Shipard Clerk

State of New York Washington County ss
on this 5 th day of December 1820 personally appeared in open Court - being a Court of Common Pleas in and for the said County a Court of Record which proceed according to the course of Common Law with a jurisdiction unlimited in point of amount keeping a record of their proceedings and which have the power of fine and imprisonment Abial Hathaway aged sixty two years a resident in the Town of Hartford in the said County who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the provisions made by the acts of Congress of the 18 th of March 1818 and the first of May 1820 that he the said Abial Hathaway served in the Navy of the United States during the Revolutionary War as follows (viz) that he the said Abial Hathaway in the Month of June 1779 entered at Charlestown South Carolina as a common Sailor on board the Brig Isaac a Transport Vessel in the Service of the United States Commanded by Patrick Maxwell owned by Morris & Russell of Boston and continued on board the said Brig employed in carrying provisions until the first day of June ensuing when the said Brig was captured by the British Schooner Lucy - when the captain crew, and he the said Abial Hathaway were carried Prisoners of War to New York and there he the said Abial Hathaway was detained a prisoner of War by the British two years and one month when he made his escape - and he further saith that he the

and Abial Hatheway made his original declaration in pursuance of the act of Congress of the 18 th of March 1818 and his application was rejected as the brig Isaac afore said was mentioned in that declaration as a United States Brig instead of a Transport Vessel in the employ of the United States as was the real fact - and the said applicant not making the proper distinction between a Vessel owned by the United States and a Vessel hired into the service of the United States -
And he the said Abial Hatheway further saith that he is by occupation a Laborer and is very much infirmed by age and disease and unable to procure his subsistence by labor or in any other way except by public or private charity and that he has no property of any description other than what is contained in the schedule by him subscribed recording apparel excepted - And in pursuance of the acts of Congress of the 18 th of March 1818 - and of the 3 rd of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent hereby to diminish it as is giving my life with in the provisions of the act of Congress entitled an "act to provide for certain persons engaged in the Land & Naval Service of the United States in the Revolution and War" passed on the 18 th of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule herunto annexed and by me subscribed to wit one pair Spectacles - 25 Cents
Abial Hatheway

REJECTED
4742
P. O.
Abial Hathawa
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

REJECTED
4741
P.O. Abia Hahawa
Service: Consolidated July 21. 1882 with rej'd Soldier 4742
Enlisted: M ch 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____ Washington Co NY age 60 yrs at time of enlistment June 1779 Long Island Capt May and in SC Army Provisional Col
Attorney: _____
P.O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

New York
Revo:
Abial Hathaway
Rejected
let. W. D. Brown 24
May 1833
4742
act 7 June 1832

Rejected See letter to the Hon. Mr. Martindale, H. R. March 11. 1821
474!

N.Y.
Abiel Northcote Pension Papers
Judges certificate as to claimant's indigent circumstances
waiting Rejected.
The Brig Isaac was not the Com- mencement of a ment
Inadmissible
Rejected - see letter to Hon. N. Pitcher, 27 March 1821.

W.H. Abiel Hathaway Pension Papers
Judges certificate as to claimant's indigent circumstances
waiting Rejected.
The Brig Isaac was not the Com- mencement of establish- ment
" Inadmissible
Rejected - see letter to Hon. N. Pitcher, 27 March 1821.

State of New York
Washington County ss. - 3 On this sixth day of May in the year of our Lord One thousand eight hundred and eighteen before me the Subscriber one of the Judges of the Court of Common Pleas for the County of aforesaid personally appears Abial Heathway aged sixty years in December last resident in the town of Hertford in said County who being by me first duly sworn according to law doth on his oath make the following Declaration in order to obtain the provision made by the late act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" that the said Abial Heathway in the month of January One thousand seven hundred and ninety nine entered as a common Sailor on board the United States Brig Isaac, Patrick Maginnell, Master, at Charleston South Carolina and continued on board the said Brig in the United States service employed in the carrying of provisions until the first day of June ensuing when the said Brig was captured by the British Schooner Lucy, Capt. Crew and he the said Abial Heathway was carried a prisoner of war to New York and there detained a prisoner by the British two years and one month when he made his escape - And that he is in reduced circumstances and stands in need of the assistance of his County for support over that he has no-

other unbecome now in this manner of his sovereign services -
Given to and declared before me the day & year aforesaid
Jonathan Wood one of the judges of the Court of Common Pleas in and for the County of Washington - - -
I Jonathan Wood one of the Judges of the Court of Common Pleas as aforesaid do certify that it appears to my satisfaction that the said Abial Heathcote did serve in the Revolutionary War as stated in the pre- ceding Declaration against the common enemy - And I now transmit the proceed- ings and testimony taken and here before me to the Secretary for the War Department pursuant to the directions of the aforemen- tioned act of Congress - Done at P'keepsie this 6th May 1818 - Jonathan Wood
State of New York Washington County
I Theodore Shepherd Deputy Clerk of the Court of Com- mon Pleas of the County of Washington do certify that Jonathan Wood Esq. before whom the within affidavit was made is one of the Judges of the said Court acting under the auth- ority of the said state and that the name Jonathan Wood is his signature In testimony whereof I have hereunto set my hand and affixed the seal of said Court the 8th day of May 1818 T. Shepherd Dep Clerk

I Philip Austin being duly sworn before and say that Alice Heathway whose name is mentioned in the declaration annexed is my mother, that during the time mentioned in the said Declaration the said Alice Heathway was absent from his residence since its inception - mainly reported since believed that he was in the service of the United States as a soldier, or a prisoner in the City of New York in the custody of the British troops during the time of secession and that she believes the declaration has now been to be substantially true -
Sworn this 6th May 1878 before me - Jonathan Hood one of the Judges of the Court of Common Pleas in and for the County of Washington
Philip Austin Mark X
I Benjamin Heathway being duly sworn before and say that Alice Heathway the person whose name is mentioned in the annexed Declaration is in no way connected with the said circumstances and entirely without of property and is unable to support himself and that I believe the declaration annexed to be true in all respects -
Sworn this 6th May 1878 before me - Jonathan Hood one of the Judges of the Court of Common Pleas in and for the County of Washington
Benjamin Heathway

From Hon.ble W. Martindale, of New York
Re d March 3. 1824
J. S. Edwards Esq r

Washington March 3 rd 1824
Sir Mical Hatheway whose Petition for a Pension has been rejected, and is on file in your office, proposes to prove by a Witness of whom he has recently heard, live who lives at the distance of 260 miles from him, that the Vessel in which he was Captain was at that time a transport Ship of the U.S. That Hatheway was captured in her and detained a Prisoner for two years or more. He wishes me to enquire if this proof would aid him in procuring his Pension. Your decision on the proof would save him perhaps the expense of obtaining it —
Respectfully
J. L. Howard Esq. Henry C. Martindale