Revolutionary War Pension and Bounty Land Warrant Application File S. 16868, John Heath, Mass. N.H.

SERVICE
NUMBER
Mass. N.H.
Heath, John
S. 16868
bearded
CONTENTS
[Faint handwritten marks]
[Blank lined area]

4081.
New Hampshire John Heath
of Salem in the State of N H who was a Private in the company commanded by Captain _____ of the Regt commanded by Col Stark - in the N H line for 9 mo and Mass. F.W. Aug. 20, 1909.
Inscribed on the Roll of N H at the rate of 30 Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of Jan'y 1833 and sent John Heath Salem N H
Arrears to 4th of Sept 1832 $45- Semi-ant. allowance ending 1 st Mar 30 15-
$60-
{ Revolutionary Claim, Act June 7, 1832.
Recorded by H. S. Blair Clerk Book D - Vol. 1 st Page 161.

State of New-Hampshire.
County of Rockingham, ss.
ON this seventh day of August AD 1832 personally appeared, in open Court, before the Justices of the Superior Court of Justice now sitting at Exeter in said County
John Heath a resident of Salem in the County of Rockingham and State of New-Hampshire, aged seventy two 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 7, 1832:
That he entered the service of the United States in July 1775 when he volunteered into the company commanded by Capt. Fisher Woodbury, Lieut. Hardy & Ens. Cunley in Col. Stark's Regiment of the New Hampshire Line, and was stationed with said Company (and did military duty in it regularly) at Winter Hill Massachusetts for four months or more and was then regularly dismissed, and returned home.
That in July 1776 he enlisted in a company commanded by Capt. Bodwell Lieut. Guthridge and Ens. Hoit in Col. Wigglesworth's Regiment in the Massachusetts Militia or in the line of that Commonwealth , - for the term of five months. That he was marched through Number 4 to Fort Edward, thence to Mount Independence and to Munderoga and remained there till his term of five months expired & he was regularly discharged; but had no written discharge; that he was born in Salem aforesaid on the 20 th day of June 1760 as he is informed and believes but has no authentic record of his age; have always lived in Salem excepting when in the service & on temporary absences that he entered the service as above by volunteer

enlistment; that he does not recollect the names of the regular officers who were with the troops, when he served excepting Gen. Gates; but remembers that some of the troops there were called Jersey Blues and some Jersey Grays, — that he never received a written discharge — that he is known to John Woodbury Esq. & Doctor Woodbury of Salem afterwards Dr. Isaac Austin of Methuen with whom he served as last stated — whose depositions are much annexed
He hereby relinquishes every claim to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any state
John Heath
Sworn to and subscribed the day and year aforesaid
Attest P. Chadwick Clerk And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states
I Peter Chadwick Clerk of the Superior Court of Justice for the County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Heath for a pension
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this ninth day of August Anno
Domini 1842
P. Chadwick Clerk of the Court Rockland County

6040
John Heath
Nov 25
9 Months
adm'd M. E.
$30--
Return to Applicum Salem N H

6040
BRIEF in the case of  John Heath of  Salem  in the State of  New Hampshire Rockingham County  (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? 72  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     July In 1775 4 Private Gen. Capt. Woodbury Col Stark   July 76 5 .. Capt. Bodwell Col Wigglesworth  
 5. In what battles was he engaged? None mentioned  6. Where did he reside when he entered the service? Salem N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? One living Witness & tradition.  8. Are the papers defective as to form or authentication? and if so, in what respect? Right 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. C. Easton Examining Clerk.

16.868 INVALID.
File No. 16.868
John Heath Pre Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 171
[Arrangement of 1870.]

I Isaac Austin of Methuen in the County of Essex and Commonwealth of Massachusetts of twenty seven years of age depose and say that I personally know that John Heth of Salem in the County of Buckingham and State of New Hampshire did enlist in Capt. Eliphalet Badells Company in Colonel Wighams 11th Regiment in the Massachusetts Line In the Revolution-ary war in the Year 1778 I think in the Month of July to the best of my Recollection and that I entered at the same time in said Company that the term of enlistment of five months. That we Marched from Methuen in the said Commonwealth of Massachusetts to Number four place called Chedestown in the said State of New Hampshire. And from thence we Marched to Fort Edward and from thence to Lake Champlain, from thence we crossed to Mount Independence and remained there a short time. from thence we passed over a floating bridge to Ticonderoga and were there stationed until the expiration of the five months our term of service and that the said John Heth served with me during that Company and was discharged with out any written discharge
Isaac Austin
State of New Hampshire Bucksport ss - August 6 th 1832.
Then Personally appeared the above named Isaac Austin and made solemn Oath that the foregoing deposition by him subscribed is just and true - before me
John Woodbury Jus. Peace
This may certify that I am personally acquainted with the above named Isaac Austin the deponent and consider him a man of truth and veracity.
John Woodbury Jus. Peace
Salem N.H. August 6 th 1832.

I Peter Chadwick clerk of the Superior Court of Judicature for the County of Rockingham in the State of New Hampshire do hereby certify that John Woodbury is a justice of the Peace within and for said County of Rockingham and that I believe that the within signatures to the certificates are in his own hand writing
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this eighth day of August Anno Domini 1832
P Chadwick Clerk of the Court Rocking ton County

from John Heath
N o 6040.

We John Woodbury & Elisha Woodbury both of Salem Vt. testify that we are well acquainted with John Heath of said Salem whose declaration is hereto annexed; that we believe him to be seven or eight years old; that he is reputed & be- lieved in the neighborhood where he resides to have been a soldier of the revolution at Ticonderoga and we concur in that opinion.
John Woodbury Elisha Woodbury
Roxinham ss
Subscribed & sworn to this 18th day of August A.D. 1832
John Kelly Jus. Peace
I certify that the above name John Woodbury and Elisha Woodbury are credible witnesses
John Kelly Jus. Peace
State of New Hampshire Roxinham ss
I Peter Chadwick Clerk of the Superior Court of Judicature for said County of Rock- ingham do hereby certify that John Kelly is a Justice of the Peace for said County and that his signature to the above paper is in his own hand writing
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this eighth day of August A.D. 1832
Peter Chadwick Clerk of the Court Roxinham County

6040
John Heath
Return to Applicant Salem N.H.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Heath 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? [Handwritten line] 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?  No
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?  Yes
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?
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?  Yes 
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.