Revolutionary War Pension and Bounty Land Warrant Application File S. 10801, Joseph Hawkins, R.I.

SERVICE
Rd
Hawkins, Joseph
NUMBER
S 10801
CONTENTS
Carded

20587 New York Joseph Hawkins Otsgo Co in the State of New York who was a Private in the Comp y commanded by Captain Wilmut of the Regt. commanded by Col. Wilmut in the Rh. Island line for 7 Months
Inscribed on the Roll of New York at the rate of 30 Dollars 33 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Apr. 1833 and to the P.B. Pringle Norwich
Arrears to the 4th of Apr. 33 58 33 Semi-ant. allowance ending 4 Mo. 34 11 66 $69 99
Revolutionary Claim } Act June 7, 1832. } G. C. Tuller Clerk
Recorded by Book E,
Vol. 1, Page 91

Certificate ret d by Mr Prindle, and forwarded to Miss Burlington N.Y. 17 ap r '34

Declaration.
In order to obtain the benefit of the act of Congress passed June 7 th 1832
State of New York
County of Otsego 3 d On this 15 th day of October 1832
personally appeared in open court before the judges of the Court of Common Pleas now sitting in and for the County of Otsego and State of New York now sitting. Joseph Hawkins a resident of the town of Edmeston in the County of Otsego in the State of New York aged seventy-eight 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 th 1832 That he entered the service of the United States under the following named officers and served as herein stated.
That he was born in the town of Gloucester in the State of Rhode Island That in the time of the Revolutionary war he resided in the town of Gloucester in the County of Providence in the State of Rhode Island That in the year 1776 as near as he can recollect the time he enlisted into Capt. Timothy Wilmot's Company of Artillery Company or Minute men his first Lieutenant's name was David Richardson 2 d Lt. was Martin Smith his Ensign Caleb Sheldon Capt. Wilmot was called Col. Wilmot he continued a Minute man till the close of the war in the same company during the war he was called out one month
to Bristol in R Island under P. D. Richardson & Col. Wilmot to guard the shores he was again called out
one month to Providence under Ensign Sheldon as a guard to guard the shores he was under the command of Genl
Spencer again he was called out to Riverdale it was at the time that General Spencer talked of attacking New Port & failed Col. Wilmot had command at this time and he was again called out to Warwick
under Wilmot to guard the shores General Cornwall had command there he was again called out one
month to Providence under Ens. Sheldon & Col. Wilmot at the time that Sullivan laid siege to New Port he was in
Col. Foy's regiment he remembers Col. Livingston was not in the Battle & not at other times on alarms at short turns which
he cannot particularly enumerate of from 10 days to 1 day what at the least calculation he should say would amount to one month always served under the same officers as above
Making in all seven months - never had a written discharge
Total 7 mos.

(100) That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any State.
Sworn to and subscribed the day & year aforesaid.
James Lathrop Clerk.
Joseph his  Hunkins mark

18063
Joseph Hawkins
ei
Admitted Private 7 months
Henry W Burlington Osage 6 th New York

WAR DEPARTMENT,
Pension Office,
May 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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.
A Statement, shewing the Service of Joseph Hawkins Adye's Comp y  New 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.     June 1776 priv Capt Col o Gloucester   " 1 " priv Milnot Milnot Roxbury   " 1 " do Richardson Milnot Bristol County   " 2 " do En d Sheldon Gen l Sullivan None Roxbury Rhode Island   " 1 " do Milnot Trenton Laurelina   " 1 " do Eden do Worms   " 1 " do Sheldon do Roxbury   " 1 " do do do   age 75 years  
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 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 time, 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.
[1] 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.
[2] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev War
10801
INVALID.
File No. 10801
Joseph Hawkins Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 165
[Arrangement of 1870.]

Burlington 5 th June 1833
Mr A. L. Edwards Esq. &c.
Sir I have with return the af- fiedavit of Joseph Hawkins - with what amendment he can make - Mr Hawkins is a very infirm man and his memory is much impaired and so he is unwilling to state any thing more than he possibly remembers - indeed - he says he did state more than he has set forth in his declaration but he cannot remember particu- lars enough to make an intelligible account of it - He His all respectfully submitted is -
I am Sir your respectful and Humble servant
Henry Lill

State of New York
County of Otsego
Personally appeared before me the undersigned a judge of the Courts of Common Pleas in and for said County Joseph Hawkins the person who made the declarative hereto annexed who being duly sworn deposes and saith that by reason of old age, and the consequent loss of memory, he cannot swear positively to the exact and 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 in the years 1776 and 1777 and 1778 he served as a private 1 month at Bristol under Lt. Richardson under Col. Wilmot 1 month at Providence under Col. Sheldon Wilmot as a sergeant 2 months at Tiverton under Genl. Spencer at Wilmot as a private 1 month at Warwick under Genl. Grant as a private 1 month at Providence under Col. C. Sheldon 1 month at Warwick at Warren & New Port at different times under Genl. Sheldon and Col. Wilmot to guard
the shores That he always belonged to Capt Wilmot's Charter Company of Minute men that Capt Wilmot when in the army was called Colonel and served as such but when at home he was called Capt Wilmot that for all the service he did in the Revolutionary war was performed under Capt or Col. Wilmot and some of the officers of his company That while in the service the business was to guard the shores from the incursions of the enemy and that for the above mentioned 7 months service I claim a Pension sworn and subscribed this 31st May 1833
Before me
Joseph
Hawkins
Jarius C. Wadsworth a judge of Otsego county courts

State of New York
Otsego County - 3 d / I Horace Lathrop, Clerk of the said County, do certify, that James C Walworth Esq r , before whom the within Affidavit purports to have been sworn, was, at the date of the same, one of the Judges of Otsego County Courts, duly appointed and sworn as such, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavit, to be his proper hand writing and signature. Witness my hand and seal of Office this 4 th day of June, 1833.
Horace Lathrop, Clerk

Joseph Hawkins
18053
v
Henry Sill

otter County p Mr Osborn Dyer & Dias Burleson of the Town of Edenton in said County do certify that we are well acquainted with Joseph Howlin who has subscribed as soon to the above application & we believe him to be 78 years of age that he is a native of the said in the neighborhood when he resides to have been a soldier of the revolution & that we concur in that opinion He bears a good character for truth & veracity now on record this 15 day of October 1832 before me
Arnold Dyer Horace Lathrop Clerk, Dias Burleson

In the said court hereby certify and declare their opinion that after an investigation of the matters and after finding the evidence therein prescribed by the war Department that the above Application was a satisfactory solution and served as her stated and the said court further certifies that it appears to them that Anna Dean and Sarah Burlison that has subscribed and sworn to the above certificate are credible persons and entitled to credit in their statements
J. C. Moore J. C. Mansfield } Judges S. Page
State of New York Owego County } I, Horace Lathrop Clerk of the Court of Common Pleas in & for the said County do hereby certify that the foregoing contains the original proceedings in the matter of the application of Joseph Hawkins for a Pension In testimony whereof I have hereunto set my hand & official seal this 11 th day of Oct r 1832. Horace Lathrop By Thos. B. King Deputy