Revolutionary War Pension and Bounty Land Warrant Application File S. 5436, Joel Hawes, Mass.

SERVICE
NUMBER
Mass.
Hawes, Joel
S 5436.
CONTENTS
Carded.

15584
Massachusetts
Isaac Hawes
Worcester in the State of Mass he was a Private in the Company commanded by Captain Wadsworth of the Regt. commanded by Col. Hawes in the Mass for 10 months & 8 days
Widow
inscribed on the Roll of Massachusetts the rate of 34 Dollars 23 Cents per annum. commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 nd day of June 1833 and sent to Woman Abigail  Brookfield Mass
transfers to the 14th of March 1835 $68.44 transf. allowance ending 4 Sept. 17.11 $85.55
{ Revolutionary Claim, } { Act June 7, 1832. }
recorded by H. H. Brown Clerk, book 8 Vol. 2 a Page 33.

Declaration in order to secure the benefit of the act of Congress passed June 7 th 1832
Commonwealth of Massachusetts
County of Norfolk. On this sixth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before Nathaniel Paine Esq. Judge of Probate within and for the County of Worcester now sitting. Joel Hawes of Brookfield in the County of Worcester in the Commonwealth of Massachusetts aged seventy five 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 fol- lowing named Officers and served as hereinafter stated He was born in Medway in the County of Suffolk (now in the County of Norfolk) in the State of Massachusetts on the twelfth day of April 1757, and resided in that town until he was forty eight years old, and then removed to Brook- field in the County of Worcester aforesaid where he has resided till the present time —
On the 19 th of April 1775, he marched from said Medway as a private in the Massachusetts Militia then in the service of the United States, (having stood as a minute man in a company raised in said Medway and Franklin from the month of August 1774) to Roxbury, he was attached to General Heath's Brigade, Capt. John Bray's Company Col. John Graton's Regt., and performed service in said Company as a private soldier from said 19 th

of April 1775 to the first of January 1776. This service was performed in Cambridge and the towns in the vicinity of Boston.
The depositions of Oliver Richardson and Luther Mitchell who were soldiers in the same company with him and attached to this declaration.
That in November and December 1776 he went to Rhode Island, as far as Warwick and performed a tour of three weeks duty in Capt. Fuller's Company - from Medway - one of the Subalterns was Lieut. Darius, then there was another Company there at the same time under Capt. Sabel Marden. He knows of no person now living who can testify to this term of service, he performed the duty of a fifer part of the term.
That in the month of June 1777 he marched again to Rhode Island, to Tiverton where Capt. Moses Adams Company, and performed a tour of two weeks duty as a common soldier.
That about the last of July 1777, he marched again from said Medway, as a sergeant in Capt. Cowell's Company and Col. Hovey's Regiment, - he went again to Tiverton R.I. and crossed over upon Rhode Island, and was there during the recent storm in August, - he performed a tour of three weeks duty and was dismissed. He knows of no person living who can testify to the performance of the three last tours of duty. He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension Roll of any state.

The agency of any State
good Haines
Subscribed and sworn to the day & year first above written
Before me Nathan Dames Judge of Probate for the County of Worcester
We Simon Rice and Otis Herring both of Brookfield in the County of Worcester hereby certify that we are well acquainted with Joel Haines of Brookfield who has subscribed and sworn to the above declaration, that we believe him to be 75 years of age, that he is reputed and believed in the neighbourhood where he resides, to have been a Soldier of the Revolu- tion, and we concur in that opinion. Simon Rice
Worcester Jan. 12th 1833 Subscribed & sworn to
Otis Herring known to me, are near neighbours of Joel Haines and persons of truth. Otis Herring
Before me Herman Stebbins Jus Pacis
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the war depart- ment, that the above mentioned applicant was a revolutionary soldier as stated - And the Court further Certifies, that it appears to them, that Nathan Dames who signed the preceding Nicol Stone who signed the certificate annexed is a clergyman and resident in the town of Brookfield and is a credible person and that his statement is entitled to credit.
Nathan Dames Judge of Probate for the County of Worcester

Worcester ss Commonwealth of Massachusetts I Theophilus Wheeler Register of the Court of Probate for the County of Worcester do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joel Hawes for a pension.
I further certify that Herman Stebbins Esquire before whom annexed affidavits were made is a Justice of the Peace in and for the County of Worcester, commissioned & sworn in due form, and that the signature purporting to be his signature is, in each case a genuine.
In testimony whereof I do hereunto set my hand, and affix the seal of the said Probate Court this sixteenth day of April in the year of our Lord eighteen hundred and thirty three.
Theophilus Wheeler Reg. of said Court.

MS 19 Isaac Hawes Massachusetts
March 10 Mr 48 days
36.03 .84 34.23
Woman Still in Brookfield

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the 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 Colt Hawes  Brookfield Worcester County state of Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Ent. 1775 " 8 11 priv. Capt Bayl Col Grahon Genl Heath 75 years State of Mass. Living Atknef who Testafy to the first period of serv   " 1776 " " 21 " Capt Fuller   " 1777 " " 15 " " Adams   " 1777 " " 21 " " Col C. Hawes  
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)           , who has 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 days 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, deposes and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or 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.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrates who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

MINI
May 21, 1927
Mrs. M. H. Ary 1008 Oak St., Rolla, MO.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 5436 it appears that Joel Hawes was born April 12, 1757 in Medway, Suffolk County (later in Norfolk County), Massachusetts where he resided until he was forty-eight years old.
He was a minute man from August 1774, belonging to a company raised in Medway and Franklin, until April 19, 1775 when he enlisted, served as a private in Captain John Boyd's Company, Colonel John Creaton's Massachusetts Regiment and was discharged January 1, 1776. Also, during November and December 1776 he served three weeks, a part of the time as fifer, in Captain Fuller's Massachusetts Company.
He served two weeks in June 1777 as private in Captain Moses Adams' Massachusetts Company, and three weeks from the last of July 1777 as Sergeant in Captain Cowel's Company, Colonel Hawes' Massachusetts Regiment.
He was allowed pension on his application executed

September 6, 1832 while a resident of Brookfield, Worcester County, Massachusetts to which place he moved from said Midway.
There is no data on file as to his family.
Respectfully,
WINFIELD SCOTT Commissioner.

1927-May 21-Test to Mrs. M. S. Ray
Rev. Frank
5436
INVALID.
File No. 5436
Sub Francis Unit Rev War
Act: June 7 th 1857.
Index: Vol. M , Page 158
[Arrangement of 1870.]

Bureau of Pensions. Wachusett P. O.
Gentlemen:-
Will you please give me any information you may have concerning Joel Haws - Mass Militia Pension Roll - 1832 - Worcester Co. Mass. Also Hon. Peter Coffin - Essex Co. Mass. Very truly,
Yours M c H. Aug. 1008 Oak St. Rolla Mo.

Brookfield Mass. Apr. 16. 1883
Sir I forward Joel Hawes' application for a pension, - which you will please return to me Yours ob-ly. - Norman H. Robbins
Hon. Lewis Cass Esq. Secy of War

I Micah Stone a Clergyman residing in the town of Brookfield in the County of Worcester hereby Certify that I am well acquainted with Joel Haws of Brookfield aforesaid, who has subscribed an application for a Pension to which this Certificate is annexed, that I believe him to be seventyfive years of Age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution, and that I concur in that opinion
Micah Stone.
Worcester p. Ap. 14. 1833. Personally appeared the above named Micah Stone and made oath to the truth of the above Certificate by him subscribed, and I further certify, that the said Micah stone is a person of truth and integrity
H. Mann. Attest J. M. Paine

I Luther Metcalf of Medway in the County of Norfolk and Commonwealth of Massachusetts of twenty five years of age and upwards do testify and say that I was enlisted into the as a private Militia in the revolutionary service of the United States and served from the 19 th day of April 1775 to the first day of January 1776 in what was called the "Eight months Service" in the Company commanded by Capt. John Boyd Ebenezer Dean Lieut. & in Col. John Grafton's Regiment in Gen l William Heath's Brigade at Roxbury, Dorchester, Cambridge and other places near Boston — I also was one of the "minute men" so called, prior to the said Service from the month of August to the 19 th of April aforesaid —
And I further testify that Joel Hawes now of Brookfield in the Commonwealth aforesaid served as a private soldier with me in the Company & under the officers aforesaid for the full term of Eight months & Eleven days, & that said Hawes was one of the minute men in the same company with me for the term above mentioned viz. from the last of the summer or early in the fall of 1774 to 19 th of April 1775
Luther Metcalf
Norfolk ss. August 29. 1832 Then the said Luther Metcalf the subscriber to the foregoing deposition made oath to the truth of the statements therein contained, according to the best of his knowledge, belief, before me.
Warren Cooring Justice of the peace in & for said County —
Norfolk ss. September 19. 1832. I hereby certify that Luther Metcalf subscribed to the above deposition and Oliver Richardson subscribed to the deposition annexed are known to me personally and are men of veracity —
Warren Cooring Justice of the Peace in & for said County

Commonwealth of Massachusetts
I James Ware Clerk of the Inferior Court in and for the County of Norfolk do hereby certify that Warren Loring Esq before whom the within deed indenture to her herein taken was at the time of the taking thereof, and now is a Justice of the same in and for said County, and that his signature without being traced written are genuine and true.
In witness whereof I have hereunto set my hand and affixed the Seal of the Supreme Judicial Court of said Commonwealth at Dedham this twentieth day of September in one thousand eight hundred & thirty two
James Ware

I Oliver Richardson of Medway in the County of Norfolk and Commonwealth of Massachusetts, of Seventy eight years of age and upwards, do testify and say that I was a Soldier of the Revolution and served as a private in the Massachusetts Militia in Capt John Boyd's Company in Col. John Graton's Regiment, in Gen l Heath's Brigade at Roxbury, Dorchester and Cambridge, near Boston, from April 19 th 1775 to January 1 st 1776 —
I also was enlisted as a Minute man in the Month of August 1774 and thus continued until I marched on said 19 th of April 1775. — And I further testify that Joel Hawse now of Brookfield in the County of Worcester but formerly of said Medway, was a private in said Company and served in the Campaign above mentioned during the whole of said term of term
Oliver Richardson
Norfolk ss. August 29 th 1832. Then the said Oliver Richardson made oath to the truth of the statements in the above deposition contained. — before me,
Joseph S. Richardson Just of the Peace

Chas. Hovey
21813
Commonwealth of Massachusetts
Norfolk ss.
I James Ware Clerk of the Judicial Court within and for the County of Norfolk hereby certify that Joseph L Richardson Esquire within named and before whom the deposition within herewith came to have been taken was at the time of the taking thereof, and now is, a Justice of peace in and for said County, and that his signature within is genuine and true.
In witness whereof I have hereunto subscribed my name and affixed the seal of the Supreme Judicial Court at Dedham this twentieth day of September A.D. 1832.
James Ware