Revolutionary War Pension and Bounty Land Warrant Application File S. 29239, Ezekiel Howe, Mass.

SERVICE
Mass.
NUMBER
Howe, Ezekiel
S. 29239
CONTENTS

15075 Massachusetts Ephraim Howe of Middlesex in the State of Mass who was a Red Hoss in the Comp y commanded by Captain Stone of the Reg t commanded by Col. Howe in the Mass line for 4 Mo Corporal 4 Mo Private Rule
Inscribed on the Roll of Massa at the rate of 28 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 rd day of May 1833 and sent to Mary Farmingham Mass. Arrears to the 4th of Mar 1833 of $6.00 Semi-ant. allowance ending 4 Sept. 14.00 $ 20.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by B. M. Clagett Clerk, Book E. Vol. 2. Page 32.
78 Middlesex

14872 Ezekiel Howe Mass
4 Martha's Vineyard 4 Do P.W.H.
Isaiah Adams Farmingham Man.

WAR DEPARTMENT,
Pension Office,
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 subjjoined 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 Ezekiel Know Middlesex Co. 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.     Enl. Vol 1775 — 1 — Capt Stone Col Stone 21 years Traditional   Enl. 1776 — 3 — Capt Hranston Col Brooks Man Evidence and   — 1777 — 4 Corporal Capt Rice Col Brown Witness for the last tour and Papers not authenticated  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 fulfil the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the 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 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.
[k] The notes from [a] to [j] 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.

Ezekiel Stone -
14872.
✓
claims for 8 months

Commonwealth of Massachusetts.
Middlesex ss.
On this Thirteenth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, Ezekiel How a resident of Fremingham in the County of Middlesex and Commonwealth of Massachusetts, aged seventy six 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, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated: I was born in Sudbury in said County on the tenth day of May in the year seventeen hundred & seventy fifty six and it is recorded in a family bible kept by my father which is now in possession of my brother Adam How of Sudbury & I know of no other record
I volunteered as a private soldier in Capt. Moses Stone's company of Infantry, on the nineteenth of April seventeen hundred & seventy five - arrived at Concord soon after the British left the place & our task then in Lexington. Our Company was stationed in Cambridge where I was in said service for one month & was then dismissed - Joseph Goodnow was Lt. & one Beale was 2 d Lt. and the Regiment was commanded by my Father Ezekiel How
In August or September (it was soon after having) I enlisted & marched in Capt. Green's company of Marlborough to New York - there to White Plains & was in the battle there - Nathan Smith was Lt. & the Ensign belonged to Stone - the name is forgotten - Col. Brooks the Ensign belonged to Stone - the name is forgotten - Col. Brooks & Lt. Col. Murch Stone of Framingham commanded the Regiment - They both took off their white wigs before the battle & tied handkerchiefs about their heads. We remained in that place until I finished my term of enlistment there which was three months - Gen. Washington was there & I do not remember any other officers -
In August seventeen hundred & seventy seven I enlisted in the Continental Army & acted as a corporal in a company commanded by Capt. John Rice in Col. Brown's Regiment four months - We went first to Picket in N.Y. - we were there ordered to Stillwater - On that March all night in single file about eight feet in part, in expectation of being attacked by the Tories & Indians - I was in the last battle at Stillwater but was not called into the battle ground till night was coming on the parties to retire - The battle was not renewed as the British proposed a cessation of arms which was acceded to - soon after the battle we went to Albany for about a week - there to the near to N. York City, I have forgotten the name of the place - we stayed till the expiration of the four months & were dismissed, but I have no written discharge at this nor at any other time - I do not know that any Discharges were given - John Brown now living in Sudbury was in the same company & his deposition is annexed, & I am not able to hear of any survivor who can testify for me as to my other services - & I have no documentary evidence whatever - all the terms of my entering the service I lived in said Sudbury at my father's - I lived there

I John Brown of Sudbury county of Middlesex and Commonwealth of Massachusetts aged 78 years —
Do. testify and say that Ezekiel Howe of sd Sudbury and said county & Commonwealth aforesaid enlisted as a private Continental Service soldier in Capt. Jonathan Dyer's Company in Col. Brown's Regt. in the Month of August 1777 for four months and that I was a soldier in the same company and know that he did the Service John Brown
Middlesex ss. Sudbury August 15 1852 —
Personally Appeared the above named John Brown and made Oath to the truth of the above deposition before me —
Jacob Rice } Jus. Peace

till about fifty years ago when I removed to Framingham, where I have lived ever since
I refer to the Rev. Dr. Kelsey & the Hon. Genl. Maynard both of Framingham for testimonials of my character for truth
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 any state,
Ezekiel Hove
We, Charles Train a clergyman, residing in the Framingham and Josiah Adams residing in Framingham hereby certify, that we are well acquainted with Ezekiel Hove who has subscribed and sworn to the above declaration; — that we believe him to be seventy six 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 we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Charles Train Josiah Adams
J. P. P. Ray
Prob.
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 certify, that it appears to them that Charles Train who has signed the preceding certificate, is a clergyman, resident in Framingham and that Josiah Adams who has also signed the same, is a resident in Framingham and is a credible person; and that their statement is entitled to credit.
J. P. P. Ray Prob.
Isaac Tabor
Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Ezekiel Hove for a pension. I also certify that Joseph Adams & Josiah Adams whose proper signatures are set to the foregoing have signed are Justices of the Peace within said County of Middlesex.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Tabor Reg. of Probate

29 239 by INVALID.
Sept 8 '99 Amos M. Eaton Prove R.P.
No. 29,239
Oct 11 '99 Hon. M. Bell H of R.
Rev. R.P.
Ezekiel Howe Bapt. Rev. Mass
Jan'y 6-1900 Amos M. Eaton
Act: June 7 th 89 th
Index: Vol. 2, Page 193
[Arrangement of 1870.]

We hereby testify & declare that Ezekiel Dowe of Framingham has for many years been known to us as a respectable citizen, & he sustains a character for truth which has never to our knowledge been impeached.
David Kellogg { a Clergyman of Framingham
Nathan Stone Warren Nixon Samuel Warren { Selectmen of Framingham
Elias Temple { Town Clerk of Framingham
Commonwealth of Massachusetts
Middlesex ss. Aug 31. 1832 Personally appeared David Kellogg, Nathan Stone, Warren Nixon, Samuel Warren and Elias Temple, severally known to me as sustaining the offices set against their names, and made oath that the foregoing declaration by them subscribed is true before me.
Josiah Adams { Justice of the peace

Providence R. I. Sept. 15. 1899 Commissioner of Pensions.
Washington, D. C.
Sir. Your favor of the 8 th inst postmarked Wash n the 13 th inst.
(L. W. B. 1.29239) O. W. & N. Div.
Revolutionary was received yesterday, and I am exceedingly obliged for the information furnished about my ancestor Ezekiel Howe. You say his pension was allowed for eight months actual service as a private and corporal in the Mass. troops Rev. war."
Can you tell me where these services were rendered?
The family tradition is that he served first at Concord and Cambridge, then in the campaign ending in Burgoyne's surrender at Saratoga. Did he?
Is there any where a list of the men who served in that campaign? Is his name on it?

2 The family tradition is that he was a Lieut. at Burgoyne's surrender. Is there any evidence of it in your records?
You say further "He enlisted at Sudbury, Mass. & served under Capt. Stone and Col. Howe (his father) This implies service by his father as Colonel. When, where and how long? Is there anything to show on your records? If not, where can I find out?
Were either father or son in the Continental Army? or only in the Mass. troops?
It may interest you to learn that the father owned and lived in the "Red Horse Inn" at Sudbury, immortalized by Longfellow in his "Tales of the Wayside Inn" -
Any information you can furnish me will be gratefully received. Yours Truly
Amasa H. Eaton