Revolutionary War Pension and Bounty Land Warrant Application File S. 19972, Levi Hathway, Mass.

SERVICE
NUMBER
Mass.
Hathaway, Levi or Hathaway
S. 19972
carded
CONTENTS

see letter 1/1 July, 1829 to Pensioner. d Sept. 12. 1829.
P 3 Increased to $8 per month from 5 th Oct. 1829, and new certifi- cate issued and sent to the Pensioner at Brookfield, Mass. on the 14 th of Oct. 1829
Pension increased by act 20 May 1830 to $8 per mo. on 1 January 1828, and new certificate issued 28 Feb. 1831, and sent to Hon. John Davis H.R. See letter to Pen. Agent Feb. 28. 1831. (Old pension cert. if d Oct. 1829 ret d to War Dept. March 22. 1831.)
1243
Massachusetts
Levi Hathaway Private
Captain _____ company of the In the army of the revolution,
Ratio of disability, three fourths
Date of discharge,
Inscribed on the roll of Massachusetts at six dollars per month, to commence on the 14 14 th December, 1825,
Certificate of pension issued the 28 th of July 1827 and sent to Hon. John Davis, Worcester, Mass.
Arrears to 4th March, 1827 - $ 88.25
Semi-ann. all ce ending 4 Sept. 1827 - $ 36. -
$ 124.25
Act 3 March, 1827.
95 C. Vol. 2. p. 21

Original Claim.
UNITED STATES.
Massachusetts } DISTRICT, Ss. }
I, John Davis Judge of the DISTRICT COURT of the United States of America for the Massachusetts District, BY AUTHORITY of an act of Congress, passed the 25th day of April, 1812, entitled, " An Act to revive and continue in force an Act to pro- " vide for persons who were disabled by known wounds re- " ceived in the Revolutionary War, and for other purposes,"
—DO HEREBY ESPECIALLY AUTHORISE AND COMMISSION Daniel Gilbert of the county of Worcester and District of Massachusetts Esquire to take all evidence pursuant to the rules and regulations of the said act for substantiating the claim of Dea. Hathaway of the town of North Brookfield in the county of Worcester and district of Massachusetts to be placed on the Pension List of the United States by reason of known wounds received in said war, or since, (as prescribed in the 4th section of " an Act concerning invalid pensioners," passed the 25th of April, 1808,)—while in the actual service of the United States, and in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates and proceedings had hereupon, together with this commission, to the Secretary for the Department of War.
Given under my hand and seal at Boston the twentieth day of January in the year one thousand eight hundred and nineteen
John Davis

Increase of Pension.
UNITED STATES.
DISTRICT,
To Doctor
of
and Doctor
of
in
said District.
Pursuant to an Act of Congress of the United States, passed the 23th of April, 1812, entitled "An Act to revive and continue in force an act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes."—You are hereby appointed and authorised to examine
who is
inscribed on the Pension List of the United States, and
is claimant for an increase of pension conformably to the 5th section of the act of the 10th of April, 1806, revived as aforesaid; and you are to report in writing and on oath or affirmation your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal at
this
day of
in the year one thousand eight hundred and

RULES AND REGULATIONS
FOR
SUBSTANTIATING CLAIMS TO A PENSION
VID. "An act to provide for Persons who were disabled by known wounds received in the revolutionary war," passed the 10th of April, 1806, revived and continued in force for six years longer by an Act of the 25th of April, 1812.
"SEC. 2. And be it further enacted , That in substantiating such claim, the following rules and regulations shall be complied with; that is to say: all evidence shall be taken on oath or affirmation, before the Judge of the District, or one of the Judges of the Territory in which such claimant resides, or before some person specially authorised by commission from said Judge.
"Decisive DISABILITY, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the Revolutionary War, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received—and particularly describing the same.
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable Physician or Surgeon , stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation, which when necessary for that purpose, shall be administered to said claimant by said Judge or Commissioner. And the said Physician or Surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.*
"Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability in captivity or on parole, until the close of the Revolutionary War. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.
* RESOLVED, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary for the Department of War, return to the respective District Judges, the names of all such persons, as have been transmitted to him by the several District Judges pursuant to the Act for the Regulation of Claims to Invalid Pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability; together with such defective returns of physicians. And the said District Judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c.
VID. Law of the 18th April, 1796.—Laws of the U. S. Vol. 3, page 374.
# "and from thence to the end of the next session of Congress thereafter"

"Every claimant shall by his affidavit give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state ; and the Judge or Commissioner shall certify in writing, his opinion of the credibility of the witnesses , whose affidavits he shall take, in all those cases, where by this act it is said the proof shall be made by a credible witness or witnesses. And also, that the examining Physician or Surgeon is reputable in his profession ."
"SEC. 3. And be it further enacted , That the said Judge of the District, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him , to the Secretary for the Department of War," &c. &c. &c.—"And it shall be the duty of the Judge or Commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct."
"SEC. 5. And be it further enacted , That an increase of pension may be allowed to persons already placed upon the Pension List of the United States, for disabilities caused by known wounds received during the Revolutionary War, in all cases where justice shall require the same: Provided , That the increase, when added to the pension formerly received, shall in no case exceed a full pension."
"Every invalid making application for this purpose, shall be examined by two reputable Physicians or Surgeons, to be authorised by commission from the Judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor , which report shall be transmitted by said Physicians or Surgeons, to the Secretary for the Department of War," &c. &c. &c.
Extract from an Act of Congress of the 25th of April, 1808, entitled "An Act concerning Invalid Pensioners."
"SEC. 4. And be it further enacted , That any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the Revolutionary War, while in the line of his duty, in the actual service of the United States, whether he belong to the Military Establishment or to the Militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the Pension List of the United States, at such rate of compensation, and under such regulations as are prescribed by the act, entitled "An Act to provide for persons who were disabled by know wounds received in the Revolutionary War," passed April the tenth, one thousand eight hundred and six."

Boston February 1. 1879
W.
I inclose herewith an application for Pension, made to me by Levi Harkaway , under the act of April 10 th 1866. with the evidence taken under my Commission. The testimony appears to have been closed on the 28 th January last.
I have the honor to be Your obedt. Servt J. D. Dyer
Hon J. C. Cathoun Secretary of War
This letter is not being part of the evidence. It is to be sent back to the War Dept with these papers & the additional evidence.

no 17
(61)
Levi Hathaway
For in the Army of the Revo- lution
Rejected see letter to Daniel Gilbert, North Brookfield, Mass. Wounded accidentally
Will. H. P. Allen April 26. 1821
Copies sent to Hon. Lewis Bigelow, House of Represen- tatives, agreeably to request, to be returned to the War De- partment, whenever the necessary use shall have been made of them.
War Department Pension Office Dec. 22. 1821

I was born in the town of Brookfield in the County of Worcester and in the year of our Lord one thousand eight hundred and twenty one, on the 24th day of March. At the time of my birth my father was alive and he was at that time possessed of a considerable estate real estate and his nephew mentioned the circumstance to him of applying for the purpose of having me put on the pension list, yet he concluded it would not avail anything. That when I became one and twenty years of age, he gave me so much property that in a few years by my own earnings I was enabled to purchase me a small farm, on which I have lived till within a few years past. I then finding myself unable to do but little labor upon the same and my circumstances by reason of much sickness in my family - my wife having been sick constantly for four years, attended with great expense, I found my circumstances such as made it necessary for me to sell my farm. In addition to the above facts leading to my embarrassment, I have lost seven hundred and fifty dollars by reason of obligating myself to pay the debts of others and the only reason why I have not till now, since I became of age, applied for a pension has been, that I should have had enough, with the common means of Providence to have carried me through life, and that there was but little or no chance for me to obtain any other means of subsistence.
Given under my hand this 24th day of March 1841. Hattusburg Miss. This is to certify that I have been personally known to be the person described in and who executed the foregoing application and that the facts therein stated are true to the best of my knowledge. Daniel Giltner

Jonathan Howe of Paxton in the County of Worcester and Commonwealth of Massachusetts of lawful age on oath do testify and say, that in the fall of the year seventeen hundred and sixty seven I enlisted into the Army of the Revolutionary War, I have now forgotten, who commanded the Company, but am sure that Peter Davis was the Lieutenant. The main part of the Company was stationed at Springfield, but a de- tachment from said Company of which I was one, was stationed at Brookfield in said County as a guard. That said Hathaway of South Brookfield in said County, was a member of said Company with me and was a member of the guard stationed at Brookfield aforesaid. That while we were stationed at Brookfield aforesaid, and when I was doing duty as a sentry and said Hathaway was passing passing near to me, my gun accidentally went off and the ball entered the right grain of said Hathaway and pass- ed to the back part of his hip where the wound was troublesome. Said Hathaway never after rejoined the Company as we were discharged in July following and he did not re- join his health till some time after.
Commonwealth of Massachusetts Jonathan Howe Worcester ss. Janry. 26 th 1819. Then the above named Jonathan Howe personally made oath, that the above declaration by him subscribed is true and I certify that he is entitled to credit.  Daniel Dillinger Justice of the Peace

Soloman. Banister of Brookfield, in the County of Hampshire and Commonwealth of Massachusetts of lawful age, on oath, do testify and say, that I enlisted to the Army of the Shenandoah Valley Revolutionary War, and that I was de- tached as a sergeant of a Light-artillery battery stationed in said Brookfield. That Levi Hattaway of said Brookfield in said County was a private in said battery and that while he was doing duty in the battery at Appomattox during the Spring of 1865, the battery being surrounded by night, he was wounded, by a musket ball shot through his right groin, by Jonathan Dowe, who was then an enemy. That said Hattaway did not join the battery again as the same was disabled before he got well of his wound. Soloman Banister
Commonwealth of Massachusetts January 28 th 1891
Then the above named Soloman Banister person appeared and said that the foregoing is true to the best of his knowledge and that he is entitled to a pension. Daniel Gilbert Esq. of the same

Revolution
19972
INVALID.
File No. 19,972
Levi Halliday
Dec 1868
Act: March 3rd 1871
Index:—Vol. 2 , Page 166
[Arrangement of 1870.]

Levi Hathaway
Dec. 18. 1826
Ref. to the Committee on Military Pensions -
Dec. 22. 1826
Bill reported - No. 314 -
act 3 d March 1827
$6 per month, com- mencing 14 th Dec. 1825.
Hon. John Davis, Worcester, Mass.
Recd. 12 Apl. 1827.

1825 Brookfield N.W. 7
Dan'l Gilbert
pension for Levi Hathaway
to take date from Judge Davis Act: - hearty old fellow disabled from labor by a wound in the hip -
24/11/46
Hon. Thomas J. Rogers, Esq.

Hon. James Lloyd Esquire.
North Brookfield Mar. 9 th 1829
Sir, By the request of Mr. Levi Pratt, away of H. Town, I take the liberty of requesting your interference in his behalf for a pension.
He recd. a wound in an. Revolution.ary war, which has for many years past, according to the opinions of respectable Surgeons, rendered him almost helpless & he has become very poor, tho' economical & very industrious, as far as his ability for labor will admit. Depositions were authorized to be taken, by the Hon. Judge Davis, in 1822, years since & sent to the War Office, under an expectation, the Secretary of War had the power to allow it to him. But he returned the papers with his opinion, that of the Atty. General he had not the power & intimated a favorable view of the subject, if application were made to Congress, Accordingly a petition was sent to Congress & the business has been delayed from time to time

Still the question before us, when it passes the House in favor of Mr. Hattaway, will be a longer cause or rather, defeated in the Senate. Should the subject again be brought before the Senate, if you will have the goodness to examine the case, I am feel confident you will be satisfied Mr. Hattaway is in every respect entitled to the power of his country.
Yours D. S. with esteem & respect yours. A. Smith.
Daniel Smith

Payable on the 4th March and 4th September, at Boston
by the President of the U. S. Branch Bank
Registered in Book 6 Vol. 2 page 21 by
the Recording Clerk.

WAR DEPARTMENT.
Supplicata INVALID PENSION.
I Certify, That, in conformity with the Law of the United States, of the 3 d of March 1827, Levi Heathaway late a Private of the Revolutionary Army was on the 28 th day of July 1827 inscribed on the Pension List, Roll of the Massachusetts Agency, at the rate of Six Dollars per month; and that his name is now on the roll of the same Agency, at the rate of Eight Dollars per month; commencing on the fifth day of October, one thousand eight hundred and twenty-nine. This certificate is issued in lieu of one dated on the 28 th day of July 1827 (cancelled.)
Given at the War Office of the United States, this 14 th day of October one thousand eight hundred and twenty-nine.
Examined and countersigned, James I. Edwards

Sir I will engage that Levi Hathaway who some years since was put on the roll of invalid pensioners for wounds recd in the revolution at the rate of $6 a month is the same person whose pension was increased by the act of May 28-1830 to $8. and if you will put him in a condition to draw the back pay which is due to him by law I will see that the old certificate is surrendered at this office that a new one may issue in conform- ity with the above act - Said Hathaway is well known to me and lives in North Brookfield Mass.
John Davis
H. L. Edwards Esq
July 28. 1831

Levi Hathaway, pension
Mr Davis.
Mr Lloyd of the Senate
Applications to Government. —

Answered letters & receipts
Answered letters: -

Don. Have Report on Live Hatching A

I Jonathan Howe of Paxton in the County of Worcester and Com- monwealth of Massachusetts, Painter on Oath do testify & say that at the time when Mr. Levi Hathaway of North Brookfield in said County was wounded by a shot from my gun, said Hath- away was not medling with me or any one else but was standing with- at the lines of the country of said Hathaway on that day being one of the guard. Jon a Howe
Worcest r . October 19. 1824. Then the above named Jonathan Howe personally appeared and made solemn oath that this Deposition wherein he has subscribed his name contains the truth, the whole truth & nothing but the truth.
Before me, James Drape Jr. Jus. Peace

I hereby certify that I have known Levi Hathaway for several years, and that he has been lame to that degree for seven years last past which has rendered it impossible for him to walk without crutches and in my opinion is wholly unable to support himself by labour & has been unable for seven or eight years last past, the cause of which disability I believe to be a wound, said to have been received during the Revolutionary War.
The above named Levi Hathaway is an inhabitant of the Town of North Brookfield, in the County of Worcester & Commonwealth of Massachusetts
John Howans Subg. 2 Pkys.
Worcester ss Decr. 22 d 1827 Personally appeared the above named John Howans and made oath to the truth of the above statement before me Simon Draper justice of the Peace and of the county -

Hon. Mr. Long

To the Hon. the Secy
Washington March 14
Sir
Levi Hathaway of North Brookfield in the State of Massachusetts was enrolled upon the pension list at the last session of Congress as an invalid by a law then passed, at the rate of $6 per month. He made application several years ago, and not up I believe then three bills passed the house in his favour, but met with the usual fate in the senate, my died for the want of time to act upon them. He was finally permitted to draw his monthly pay only from Dec 1825. He is desirous of having the time carried further back & also of having his monthly pay increased to $8. The first point can require no observations from me as it seems to be admitted that he was entitled to a pension in justice from the Govt. & it is for the Comm ee to determine whether the failure to obtain a law from the above cause ought to prejudice the petitioner. As to the second point I have only to observe that Hathaway has been several times see me personally upon this subject and I can say from my own observation that he is so infirm in his limbs

as to be wholly unable to move except upon crutches and it seems to me there can be no doubt that he is as much disabled as if the limb were removed. He is very frank and ingenuous in his conversations. He says his bodily health is generally very good. That he suffers occasionally much from pain. That he is wholly unable to move except upon crutches & therefore altho. disabled to be industrious he can do nothing of importance as he is master of no business except farming. I can on the whole entertain no doubt that he is fairly and justly entitled to a full pension as being wholly disabled - without enlarging upon the subject I might observe that although his prospects in life have been wholly blasted by this infirmity occasioned by his entering into the service of his country in the war of the Revolution, yet he has struggled on and sought no aid till wholly unable to take care of himself - I have no desire upon this subject except that justice should be done to this unfortunate individual & then I have no doubt he will receive from the hands of the Govt ts
With Great Respect I have the honor to be your Obedt Servt
John Davis

Levi Hathaway
file with his papers
found with a number of Petitions from which the Pensions committee on their report was discharged —

War Department,
(Pension Office),
April 26 th 1821
Sir, The documents transmitted by you to this Department relating to the application of Levi Hathaway, have been duly examined. It appears from the papers, that he was disabled by the accidental discharge of a gun in the hands of one of his fellow soldiers, shortly after his being relieved as a centry &c d ; but, to entitle a person to a pension under the Law of the 10 th of April, 1806 & the acts supplementary to, and continuing in force the same, he must have been "disabled in the actual service of the United States, while in the line of his duty" "against the common enemy, during the Revolutionary War." This case cannot be considered as coming under the provisions of that Act and is therefore inadmissible. — The only course that can be pursued by the party in order to obtain relief, is that, of having a petition presented to Congress. — The papers have, agreeably to the regulations of the Department been filed in this Office.
I am, respectfully, Your obed. Servt. J. S. Edwards
Daniel Gilbert, Esq. North Brookfield, Massachusetts.

Livio Hathaway Care John Darius Dorr
Bruges near of the 60th victory from home

To the Hon. ble
J. Burgess
Chairman of the Comtee on Military pensions
Miss Hathaway Cares John Lewis Esq.

Washington Dec 20- 1825
To the Hon. Chairman of the Committee on Military Pensions
Sir I beg leave to ask your attention to the papers in the case of Mr. Hathaway of Brookfield in the State of Mass. He was wounded as will appear by those papers in the revolutionary war at Brookfield by the accidental discharge of the musket of a sentinel. It appears also that it was without any fault of his. He has made application to the War Dept. but Mr. Calhoun thought he did not come within the provisions of the act granting pensions to invalids as his wound was not recd in battle or from the enemy. He therefore advised him to apply to Congress. He did apply and his papers have been repeatedly referred and more than once if I am not mistaken a favourable report has been made and a bill has once passed the house but was lost in the Senate - Mr. Hathaway has been to see me and I can state that he cannot move without crutches, that he is represented to me as a worthy deserving man and his physicians say his infirmities are occasioned by his wound. The papers in your hands will furnish better evidence of most of the facts than my recollection - but I can see no reason why a man in his condition who has been subjected to a life of

harm and poverty on account of wounds recd in the service of his country should not be entitled to aid from that country so far at least as to place him out of the reach of suffering for the want of food and raiment during the residue of his life
With Great Respect I have the Honour to be Your obed Servt
John Davis

Levi Hathaway
file with his papers. —

I Solomon Banister of Brookfield in the county of Hampshire and Commonwealth of Massachusetts, of lawful age, on oath, do testify and say in addition to my deposition of the 28 th of January 1844, That I was sergeant of the guard on duty the day previous to the one on which Levi Hathaway of North Brookfield, referred to in my former deposition, was shot - and that on the day on which said Hathaway was wounded, said Albeat was sergeant of the guard - and that said Hathaway was attached to said Albeat's guard, and came on with Albeat's guards when I was relieved - and that although I was not on the immediate spot where the accident happened - yet I was but a short distance from it and well aware that the event was considered wholly accidental - that no blame was attached to said Hathaway on the ground who shot him - That said Hathaway belonged to the guards on duty the the day he was shot and had a little previous been relieved as a ventry - That the Captain off. company is dead as also the Lieutenant and the Ensign, if living, is to me unknown where and that the said Sergeant Albeat is dead, and I further testify and say that said guards was in the service of the United States - and that said Hathaway was in the line of his duty on duty the day of the accident - Solomon Banister
Commonwealth of Massachusetts
Hampshire ss. January 7 th 1842
Then the above named Solomon Banister personally made oath, that the above declaration by him subscribed is true - and I hereby certify that he is entitled to credit. Daniel G. Gilbert J. P. S. -

Deposition Hathaway Case 1

Jason Walker, of Brookfield, in the County of Hampshire and Commonwealth of Massachusetts of lawful age, do hereby and hereby say, that in the year 1778 I belonged to a Company of Continental Troops commanded by Capt. Spearman - and that when said Company were stationed at Brookfield then afterwards, during duty in guarding stores belonging to the Army, Lieut. Hathaway after with Brookfield in said County was a priest in said Company and that Jonathan Hove of Paxton in said County was also a priest belonging to said Company - That I commanded the guard on the day which said Hove shot said Hathaway through the grain - That said Hathaway had just been relieved from duty as Sentry and said Hove had taken his place - That said Hathaway was standing without the limits of the Sentry and was no ways meddling or interfering with said Hove - and that I was standing not more than two feet from said Hathaway when said Hove shot him - and that I do believe, and it was the then opinion of several others who were present, that it was wholly accidental and not designed - That said Hathaway was a good Soldier - attentive to his duty and no way in more than whatever necessitated accompanying with the duty of others.
North Brookfield Nov. 4 th 1842.
Jason Walker
(Commonwealth of Massachusetts) Hampshire ss. Nov. 4 th 1842.
Then the above named Jason Walker personally made oath to the above declaration, before subscribed and that the same is true.
Before me, Daniel Gilbert Justice of the Peace

61) Levi Hathaway and app d under Pensions 10 th April, 1806 & 3 rd March, 1819.
The evidence of an officer under whom the applicant served (if it can be obtained) must be produced to show that the applicant was actually in the line of his duty in the service U.S. when he received the wound under which he is laboring when the said officer properly authenticated is received at the War Department a decision will be made on this claim.
War Department Pension Office Nov r 16 th 1819
Daniel Gilbert, Esq. North Brookfield, Mass ts .
61) Levi Hathaway's claim The Physician in his certificate states that he thought "the said Levi Hathaway to be more than four score years of age" for of the time which he resided in a residence which is it necessary that the Physician or Surgeon should state the nature of the disability, its extent, its degree, its progress, the evidence and from obtaining his subsistence, the party must obtain the certificate of one or two Surgeons or Phy- sicians to whose credibility the Judge or Commissioner can certify, agreeably to the enclosed form, and have the same properly authenticated, forwarded with their reports to the War Department.
Pension Office Nov r 22 nd 1820.
Rejected, as in case of P. See letter to Daniel Gilbert, Esq. North Brookfield, Mass ts . April 2 nd 1821.

I John Homans of Brookfield in the County of Worcester & Commonwealth of Massachusetts, Surgeon & Physician, do testify & say, that I have this day exam- ined Mr Levi Hathaway of North-Brook- field in said County, reputed to have been wounded in the service of the United States during the Revolutionary War, that I found two scars, one in the Right groin & another on the buttock of the same side, apparently the consequence of a ball en- tering the groin & passing out behind. I farther say that I have questioned him respecting the extent of the injury received & affirm him to be a disabled man not calculated to obtain a living by hard work, that he walks lame in conse- quence of the wound, & that he cannot perform the hard work of a farm without suffering lameness in the Right hip afterwards, & that I think said Hathaway to be unable to per- form more than one quarter of the work which an able bodied man could do
John Homans.
(Commonwealth of Massachusetts) Worcester ss. January 24 th 1889. Then the above named John Homans personally made oath to the above declaration by him subscribed as so that the same is true - and I hereby certify that said Homans is entitled to credit & that he is a reputable man in his profession. Daniel Gilbert Jus. of the Peace.

Dear Lamb. for for live H. H. H. H. Deposition

I am Lamb of Charlton, in the County of Worcester and Commonwealth of Massachusetts Physician; have been acquainted with Mr. Levi Hathaway, of North Brookfield, for five or six years past, & consider him a man of a firm & Robust Constitution, as any amongst us, except a lameness in his right hip as he has called upon me for Advice several times, And after duly examining his case, am decidedly of the Opinion, that his Lameness is in consequence of a wound, he received in his younger days from a ball that passed through his hip, which laid the foundation of his present Lameness & weakness; which lameness, wholly unassesses him for Labour, although otherwise, he would be able to perform, as much as any other man; for I consider him vitally sound, and as free from disease, as any other Person Charlton Nov 15 th 1824. — ( Dan Lamb
Charlton November 15 th 1824 Then personally appeared the above named Dan Lamb who made Solemn Oath the above Deposition by him Subscribed is true — before me
John G. Foster

Levi Hathaway
Feb. 25 - 1828
Ref d to comm n in Mil ry Pensions
Apr l 29 - 1828
Bill reported - N o . 283
Dec r 8 th 1828
Ref d to the comm n on Military Pensions -
Dec. 16. 1829.
Ref d to comm n on Mil ry Pensions
Increase to $8 per mo. from Jan. 1. 1828, 4 th sec. act 20 th Mar. 1830.
Invalid W th
Hon. J. Davis H. R.
Davis, May. 11. Pensions,

The humble prayer and petition of an old Revolutionary Soldier Who received a wound in his hip joint which has in seven or eight years past been a source of considerable pain and suffering understanding by Mr. Davis that it is a great question with some of your Honors whether at the time when I received my wound I was actually in the line of my duty or not in the line of my duty at that time. I believe I did my Soldier's duty for I was on guard that day. Every Soldier who was on guard where the enemy kept a party that is every day he gave one heavy炮火, and is under the particular command of the Commanding Officer of that Guard which is then under the command of the tenth Colonel Hovey and every Soldier has orders from the Commanding Officer of the Guard not to leave or cast off any one in the twenty four hours. Now at the time that I received my wound I was that instant then relieved from standing guard, and not touched by the ground with the Officer who relieved the Sentry but was shot down to the ground with my gun in my hand then under the Captain's command where it was to have commanded me to the Guard House and their have dismissed me till it should have come to my turn to have gone on guard again which would have been in four hours from that time but I had other business, and so I was neither going on guard any more that year. true it was the result of accident but it being an accident did not make the injury any less than if it had been done in the field of battle for the wound was worse than it would have been had I received it in battle for the possibility is I should have been at a far greater facility to escape from the Enemy and nothing but the ball would have entered my body when it was it being the result of accident I was so near to the muzzle of the gun that the whole of the contents of the charge all but the powder which burnt all the rest of it went into my hip and it was supposed that the gun was loaded with powder for there was twenty pieces of cloth soaked out of the wound after it got matter and to discharge them and now I think I have promised to your Honors that I was in the line of my duty as much as if I had been shot down in the battle of Bunker Hill or at Monmouth or any other battle fought for to gain our independence it being an accident did not ease the pain any it hurt as much to cut the ball out of the back side of my hip when the Doctor cut in two inches into the solid meat as if I had received that ball in the field of battle and the pain and anguish after was the same under recent Enemy fire but I was at the time and after I received the wound in consequence of it there was a running some through my hip a number of months after received.

Discharge my abundance and both sides of the record my life was all Rose for a number of months. No Relief of the pain because it was an accident. No it was the fortune of a man and ought to be treated as such in every respect. It was Ben at home and not in the Service of my Country. I should not have had the misfortune of receiving the present wound. I should have been a common man able to understand as much handship as any other man if it was not for the wound of receiving in the Service of my Country. I could like my General go into the Army and the Navy and Navy as well as any other man all except on a helmet. I could not run as fast as I could when I was young but  still I could stand and fight as well as ever did I think my Courage would be better now than when I was young. And now I pray your Honors that you will consider my my case and pass a Bill to place me on the Pension list from the month of June Eighteen Hundred and twenty at Eight Dollars per month. A Relief more because it was an accident that being the time when I was obliged to go on Crutches and have been upon them ever since that and if a man can earn any thing upon Crutches he can do more than I can for I have so much that I can work at and I have not earned one meal of Vittles in a week to Emerge the time since I have been upon my Crutches. and now I pray your Honors to hearken to my case and answer my request as I in Duty Bound shall Ever Obey Levi H. H. Hovey
As B in consequence of my wound and not being able to labour I have been obliged to mortgage my house and Little Plot of Land of property and it is impossible for me even to redeem it unless your Honors will grant my request I shall be turned out of doors and be no more than a common beggar. I should think your Honors would be willing to give me as much a month as your Honors have for one day. A nice for if it had not been for such men as I am there would not be such thing as a Congress

Worcester ss. Jan. 1 st 1828 Personally appeared the within named Levi Hathaway, and made oath that the foregoing statement by him subscribed contains the truth and nothing but the truth before me Simon Drape. Justice Peace
Levi Hathaway
Feb. 25 - 1828
Ref. to his Indenture
Apr. 29 - 1828
City of Boston - No. 283
Dec. 28 th 1828
Ref. to the Law in the City of Boston -
Dec. 16. 1829
Ref. to his Indenture
==
Increase to $8 per mo. from
Jan. 1. 1828. Has cut 20%
Mar. 1830.
Annual Wages
Ha. J. Davis H. R.
Davis Mar. 11. 1830

Comm. on Mil. Pens. Report a Bill for the relief of Levi Hathaway an Invalid Pnt. at the rate of $8 - per m.

It appears Levi Hathaway is an invalid Prisoner at the Rate of Six Dollars pr. M th from the Surgeon's Certificate & the letter of the Hon ble John Davis it appears that his disability is and has been for some time total the Court therefore report a Bill allowing him $8 pr. M th from the 1 st of Aug. last.

Levi Hathaway ... ... ... ... ... ... ... ... ...
Hathaway was accidentally wounded in time of Rev War & asked a pension
Dec 16. 1823
Ref'd to the Com te on Pensions & Revolutionary Claims
Dec 31. 1823
Bill reported - N o 35
Dec 20. 1824
Ref'd to the Com te on Pensions &c
Jan. 18. 1825
Bill reported - N o 279
Dec 14. 1825
Ref'd to Com te on military pensions
Dec 14. 1826
Ref'd to Com te on Mil. Pensions Propo. for general law.
Dec 22 o 1826
Bill reported No 314
Dec 14. 1826
Com te - 1. Mil Pensions
...
Dec 17. 1821
Ref'd to the Committee on Pensions &c -
Dec 21. 1821
Report ag d - To lie
Jan y 3. 1822
Recommitted with report, to Com te on Pensions &c
Feby. 19. 1822
Bill reported - N o 90
Feb. 19. 1822 agreed to 16 Do rs
pr month
Dec 10. 1822
Ref'd to the Com te on Pensions &c
Dec 16. 1822
Bill reported - N o 195
20. Dec 1822
Why 2 J. H. S. Pensions
Rhe. 16. P. R. C.

To the Hon. Senators and the Hon. House of Representatives of the United States in Congress assembled.
The undersigned Levi Hathaway of South Brookfield in the County of Worcester and Commonwealth of Massachusetts, would beg leave to represent, that he enlisted into the Army of the United States, in the month of March, seventeen hundred and seventy eight, and was attached to the Company of Capt. William Speakman, who with his Company were stationed at Brookfield in said County, for the purpose of guarding the Arsenal, at that time es- tablished at said Brookfield. And that while said Company were stationed at said Brookfield, for the purpose above said and given petitioner a member of the same - and there doing duty in said Company as a private soldier (vix) on the twenty-first day of April A.D. 1874, he was accidentally shot through the right groin, with a musket ball, by one of his fellow soldiers, who was then do- ing duty as a centry. By reason of which given petitioner has ever been lame and infirm, but more especially of late years. That given petitioner is now in the sixtieth year of his age, and that although, with in every other respect, excepting the defect occa- sioned by his wound, he is now wholly unable to labor and to support himself & family. Therefore given petitioner prays your Honorable body will consider his case and cause him to be put upon the pension list and as in duty, he will ever pray.
Levi Hathaway
South Brookfield December 7 th 1872.

Papers in the case of Levi Hathaway respectfully submitted to the Surgeon General for his opinion as to the propriety of granting an increase of Pension on the evidence contained in paper marked I.
War Dept. Pension Office, Oct. 13. 1829 J. L. Edwards
ON.
certificate, (a) was dollars
ate or territory in consequence to a degree
From the certificate marked I, I am of opinion that Levi Hathaway is entitled to none of pension as thereon stated.
Hovey.
Oct. 13. 1829
LL.
Surgeon
So I certify that the above is a true and correct copy of the original now on file in my office. In witness whereof, I have hereunto set my hand and affixed my seal this 13th day of October, 1829. J. L. Edwards.
 (a) The pension certificate, which must be sent to the War Department.  (b) Here state the degree of disability, say, one-third, one-half, three-fourths, or otherwise, as the case may be.  (c) Here particularly describe the disability, and state its origin and progress.  The above affidavit must be made before a magistrate duly qualified to administer oaths, and his official character and signature must be certified by the proper officer, under his seal of office. The magistrate must certify that the Surgeons are reputable in their profession. If the claimant is within thirty miles of an Army Surgeon, he must obtain his testimony.

INCREASE OF PENSION.
IT IS HEREBY CERTIFIED, that John [unclear] formerly a private of captain John [unclear] company, in the 32nd Regiment of the Pennsylvania who, it appears by the accompanying certificate, (a) was placed on the pension roll at the rate of 10 dollars
per month, on account, as he states, of having received a (c)  (a)  while in the line of his duty, and in the said service, on or about the
day of  April in the year 1862 at a place called Sharpsburg in the state or territory of the District of Columbia , is not only still disabled in consequence of the said injury, but, in my opinion, is entitled to more more than he already receives as a pensioner, being disabled to a degree amounting to (b)  a total disability.
Chas. H. [unclear] } Surgeon.
John [unclear] } Surgeon.
So. Attest: [unclear] Commonwealth of Massachusetts Notary Public. Then the above [unclear] was [unclear] by [unclear] a [unclear] that [unclear] is [unclear] [unclear] [unclear] [unclear] [unclear] [unclear]
(a) The pension certificate, which must be sent to the War Department. (b) Here state the degree of disability, say, one-third, one-half, three-fourths, or otherwise, as the case may be. (c) Here particularly describe the disability, and state its origin and progress. The above affidavit must be made before a magistrate duly qualified to administer oaths, and his official character and signature must be certified by the proper officer, under his seal of office. The magistrate must certify that the Surgeons are reputable in their profession. If the claimant is within thirty miles of an Army Surgeon, he must obtain his testimony,

Commonwealth of Massachusetts.
County of Worcester, ss.
I, Nijah Bigelow, clerk of the Judicial Courts within and for the County of Worcester, do certify, that Daniel Gilbert, Esquire, is a Justice of the peace in and for said County, duly qualified and authorized to act as such Justice - and that his signature to the certificate of the oath on the other side hereof appears to be in his own proper hand writing.
In testimony whereof, the seal of the Court of Common Pleas for said County, is hereto annexed, this fifth day of October. A.D. 1829.
Nijah Bigelow, Clerk.

Brookfield Conn. 9 th 1862
Military District,
(Date.)
IT IS HEREBY CERTIFIED, That Levi Hathaway a private in the company of Capt. William Speakman & Co. in the  any Regiment of United States _____ is rendered incapable of performing the duty of a soldier, by reason of wounds or other injuries inflicted while he was actually in the service aforesaid, and in the line of his duty, viz:
By satisfactory evidence and accurate examination, it appears, that on the
twenty first day of April _____ in the year 1876
being engaged for the defense of the Arsenal  at
at or near a place called Brookfield _____ in the State, District,
or Territory of Massachusetts . he received a wound in the right groin from a ball discharged from a gun, which passed through groin and lateral in the glutei muscles on the back of the thigh and was extracted by lingua & acido . From the direction of the ball and the laceration it produces, we infer that it must have passed near the joint & fractured the neck of the thigh bone, as that limb is shorter than the other. He has since  been lame & he requires the assistance of crutch- es to walk for some distance as he groans in groin this infirmity newly in enough .
and he is thereby not only incapacitated for Military Duty, but, in the opinion of the undersigned, is now totally _____ disabled from obtaining his subsistence by manual labor.
John Homans Lucius Wright }
Surgeon of the Regiment of U.S. Hospital Surgeon.
N. B. The blank in the last line but one is to be filled up with the proportional "Degree" of disability;—for example:—"three-fourths"—"one-half"—"one-third," &c. &c. or "totally," as the case may be.

Concester p. Garry. 9 th 1821.
Then the within named John Hosmans and Lucius Wright personally made oath to the within declaration by them subscribed and that the same is true.
Before me Daniel Gillet Justice of the Peace And I hereby further certify that the within named John Hosmans and Lucius Wright are of respectable stand- ing in society as regards and that they are entitled to full credits.
Daniel Gillet Commissioned by the Hon. John Davis Judge of the District Court for the District of Massachusetts to take depositions relating to the claim of the within named Lucius Hathermayer.