Revolutionary War Pension and Bounty Land Warrant Application File S. 8692, Robert Hathaway, R.I.

SERVICE
NUMBER
R.I.
Hathaway, Robert
S. 8692
CONTENTS
carded

72 March
15778 Massachusetts
Robert Wathaway of Bristol in the State of Mass a who was a Mate in the Mary commanded by Captain Carr of the S t commanded by W m Garry in the Mass a time for 1 year R.I.
R.I. State Troops (Not Mass.)
Inscribed on the Roll of Massachusetts at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of July 1835 and Capt. J. S. D. Ship Providence Mass a
Arrears to the 4th of March 1835 $100.00 Semi-ant. allowance ending Sept. 1 40.00
$200.00
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by W. H. C. Clerk, Book 2 Vol. 2 Page 33

Robert Hathaway Application
18752
We concur in your opinion as to the past
Stephen L. Hildreth John Hill

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this Twenty Third day of October in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathaniel Paine Esquire Judge of Probate now sitting Robert Hathaway a resident of Western in the County of Worcester and Commonwealth of Massachusetts, aged seventy 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated. That he was born at Freetown in the County of Bristol, in which town at the age of fourteen he enlisted in the month of May seventeen hundred & seventy six he enlisted as a volunteer for the fifteen months service and served at Freetown in the State of Rhode Island in the Company commanded by Captain Caleb Carr which Company was attached to the Regiment commanded by Colonel Gray and served as a soldier in said Company at said Freetown the four part of the time after which he marched to the Town of Bristol to guard the Town & the Bay - after which he marched to Frogdon Ferry in the Town of Little Compton where he past the winter in guarding the British then at New Port, and in the Spring he marched back to the Town of Bristol and then remained guarding the Town & nothing the enemy until his time of enlistment expired - at the expiration of his first enlistment and upon he left the camp he again enlisted as a volunteer for the term of twelve months and served in the Company commanded by Captain John Carr which Company was attached to the Regiment commanded by Colonel John Tapping and remained at Bristol a few days at which time action was given that the enemy had landed at Warren upon which plan they soon retreated; and to drive the enemy from the Town of Warren from which place they soon retreated; and again returned to Bristol where he remained until his twelve months was expired except for a short time when General Sullivan came and took the command of the forces under his command and marched on to the Island of New Port for the purpose of driving the British from that place which was in the month of September 1777 - the above service was performed in the Rhode Island State Service as it was then called - that in the year seventeen hundred and eighty as a volunteer for the term of three months and served in the Company commanded by Capt. Isaac Haskins & Lieutenant Perry Green White of said Freetown which Company was attached to the Regiment commanded by Colonel Joseph Vose which Company was attached to the Town of Portsmouth in the State of Rhode Island where he was employed during said three months in building a fort & keeping guard in guarding from said Town of Freetown to Portsmouth he past through a part of Trenton & crossed at Howlands Ferry to said Portsmouth - he has no record of his age nor in his possession nor did he receive any discharge at the expiration of the terms of either of the forementioned enlistments but served out the full terms of his enlistments - after the close of the war I left Freetown and resided in the Town of Brookfield in the County of Worcester about fifteen years - that he then left Brookfield & went to a town of Pelham in the County of Hampshire & then resided about four years & then went to a town of Greenwich in the Town of Greenwich in the same County two years - he then went to a town of Milford in the County of Milford & stayed there about two years - after that he returned to Freetown & then resided about six years - he then went to Gardner in the County of Worcester & resided one year - he then went to & resided in the Town of Westport where he has lived for nine years last past - That he has no documentary evidence of 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 and year aforesaid.
Before me Nathaniel Paine Esquire Judge of Probate for the County of Worcester
Robert Hathaway

We Solomon Gillett a Clergyman residing in the Town of Brookfield and Reuben Blair residing in the same Town hereby certify that we are well acquainted with Robert Hathaway who has subscribed and sworn to the above declaration, that we believe him to be seventy years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before Nathl. Gaine Judge of Probate for the County of Worcester
Solomon Gillett Reuben Blair
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Solomon Gillett who signed the preceding certificate, is a clergyman, resident in the Town of Brookfield and that Reuben Blair who has also signed the same is a resident in the same Town and is a credible person, and that their statement is entitled to credit.
Nathl. Gaine Judge of Probate for the County of Worcester
I Theophilus Wheeler Reg'd or, Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Robert Hathaway for a pension that Jesse Hild before whom the affidavits were made is a Judge of the Probate Court for the County of Worcester, that the signature of Jesse Hild is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the Seal of the said Probate Court this 28 day of October in the year of our Lord eighteen hundred and thirty two.
Theoph: Wheeler Reg'd of the Court of Probate for the County of Worcester in Massachusetts
We Nathan Chadwick of Weston in the County of Worcester of Carpenter age being sixty seven years old and John Hill of Weston in the County of Worcester in the Commonwealth of Massachusetts - age being thirty years
do hereby certify that we have been acquainted with Robert Hathaway of Weston named in the foregoing declaration for more than forty years past and believe him to be seventy years of age, that he is reputed to have been a soldier of the revolution and we concur in that opinion having now understood such to be the fact
Nathan Chadwick John Hill
Robert Hathaway Application
16752

Ezra Hattaway Disposition

I Ezra Hathaway of Weston in the County of Somerset of Cuckoo age being now sixty four years old, having been duly sworn do testify and say, that I well recollect that my Mother Robert Hathaway was of Weston when young & at the time he was living with one Levy Dyer of Freetown in the County of Bristol enlisted as a soldier in the war of the revolution my brother being dissatisfied in living with said Dyer - I recollect also at that time that my father & Mother were not satisfied at his enlisting - he was absent a number of months & returned & said he had again enlisted and was again absent from Freetown I should think about one year except he returned once during said time on a furlough of twenty days, but stayed at home about double the time named - further I was born at said Town of Freetown & lived with my Father in that Town at the time my said brother enlisted - further the disputant Smith not -
Ezra (L. O. Hall)
Warrington, August 4 th 1832 Then personally appeared Ezra Hathaway above named and made oath to the truth of the facts set forth in the above deposition by him subscribed Before me S. B. Bliss Sec. Penn

16752 Robert Hathaway
Paint 2 years
14 86 Jan 25 1893
P-215 John Bliss & Co Moorfield John G. Swindall H. R. North

16752  BRIEF in the case of  Robert Heathaway  County of Worcester  in the State of  Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____  3. How old is he? 70  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served. Gen.   Years, Months, Days.     Vol. In 1776 May 1 3 — Private Capt. C. Carr, Col. Crary   Vol. 1777 1 — — " Capt. S. Carr, Col. Tapping, Genl. Sullivan   Vol. 1780 Sept. — 3 — " Capt. S. Perkins, Col. Lardis.  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Tiverton R. I.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional S. witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh  Examining Clerk.  Jany. 22. 1833.

Rev. War
8692 INVALID.
File No. 8692
Robert Hathaway Pr. Mass. Col.
Act: June 1, 1689
Index:—Vol. 108 , Page 161
[Arrangement of 1870.]

16752
Robert Hathaway
Hm. J. G. Randall DR

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

 XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 2 resident citizens  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No  XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? witnesses  XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes  XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes  XVI. † Are the papers authenticated as the regulations direct? yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 5 
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

Nathan Hathaway Disposition

I Nathan Hathaway of Weston in the County of Worcester and Postmaster in said place and Commonwealth of Massachusetts, being sixty three years of age & having been duly sworn, do testify and say that I well recollect that my brother Robert Hathaway enlisted in the year eighteen hundred & twenty six in the army of the revolution, he was bound out at that time to a man by the name of Levi Duffey & left his service to perform the duties of a soldier - it was said at that time that his first term of service was fifteen months before my brother returned from his first term of service he enlisted again in the army of the revolution and came home on a furlough of twenty days which circumstance is fresh in my recollection his second enlistment was for one year - after his second term of service was out he came home and was drafted to go again into the service but declined going & paid his fine - and afterwards again voluntarily enlisted in the army for the term of three months and was absent from home & I have no doubt that he served & performed the duty of a soldier for said last mentioned term - I was then in Houlton in the County of Bristol & State of Massachusetts where I lived at the time my brother was in the army of the revolution - From the Deposition of the witness -
Nathan Hathaway
Worcester J. August 1st. 1832 Personally appeared Nathan Hathaway above named & made oath that the fore- -going deposition by him subscribed is true Before me Simeon Bliss Jr. Justice of the Peace

1 Theophilus Wheeler Register of the Court of Probate for the County of Worcester in Massachusetts, do hereby certify that since making my certificate on the annexed paper and the return of the annexed paper from Washington this paper, which is now annexed as the affidavits of Robert Hathaway, Isaac Moon, David Shepard and Stephen Baxter, sworn to before Jesse Bliss Esq. has been produced in court, and that the said Jesse Bliss is now a justice of the Peace in & for said County duly commissioned and sworn, and that the signatures purporting to be his signatures are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this sixth day of March, in the year of our Lord one thousand eight hundred & thirty three.
Theoph. Wheeler Reg. of said court.

Personally appeared before me the undersigned a justice of the Peace in and for the County of Worcester in the Commonwealth of Massachusetts Robert Hathaway of Western in said County who being duly sworn, deponeth and saith, that, by reason of old age and the consequent loss of memory, he can not swear positively as to the names of all the general officers who were with the troops when he served, but does recollect that General Spencer commanded the troops during his fifteen months serving who was nicknamed by the troops a called Granny Spencer & thought to be a coward in his the twelve months service in 1777 & 8 General Sullivan had the command of the troops during which time a man came to the camp at Bristol, called Colonel Barton and took from our Regiment five hundred men being thirty five men and went on to New Port and took and brought to Bristol General Prescott a British officer and during said twelve months service the British burnt the town of Bristol - and in his three months service under Col. Forster in 1780 Col. Theyer and Col. Richardson commanded the Regiments then stationed on Barts Hill in said Town of Portsmouth in the State of Rhode Island - he does not recollect of them being any general officers during that time of service
Robert Hathaway,
Worcester, March 1 st 1833 Then personally appeared Robert Hathaway of Western and made oath that the facts set forth in the above declaration by him submitted are true
Before me Ezra Bliss Justice of the Peace
I further certify that I am personally acquainted with Ezra Hathaway, Nathan Hathaway, Nathan Chadwick and John Hall all of said Western, the signers of the deposition, to the original declaration of said Robert for a pension and am of opinion that their testimony is entitled to full credit and belief
Ezra Bliss Justice of the Peace

We Stephen Baxter a clergyman residing in the town of Weston and Isaac Moore of said Weston aged eighty years and David Shepard of said Weston aged seventy years
do hereby certify that we have been personally acquainted with Robert Hathaway of said Weston the signor of the foregoing declaration for fifty  forty years last past during which time he has sustained an unimpeachable character for truth and veracity. That we believe him to be seventy years of age. That he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and we concur in that opinion
Isaac Moore David Shepard
Stephen Baxter
Worster Sp. March 4 th 1833 Then personally appeared Isaac Moore. David Shepard, and Stephen Baxter a clergyman all residing in the town of Weston and near oath that the facts set forth in the above certificate by them subscribed are true. Before me - I further certify that I am personally acquainted with Isaac Moore David Shepard & Stephen Baxter the signors of the above certificate and also with Nathan Hathaway and Ezra Hathaway the signors of the two dispositions attached to the original declaration of said Robert Hathaway - and am of opinion that the testimony of each is entitled to full credit and belief
Wm Phillips Pres. Com.