On this thirty first day of December in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before me, Almon Warner, Esquire, Judge of the Probate court of the District and State of Vermont, John Tolman, now a resident of the town of Fairhaven in the said County of Rutland and State aforesaid, aged seventy nine years and eight months, 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 7 June 1832. That he entered the service of the United States under the following named officers and served as herein after stated.

I, John Tolman, was born in the town of Needham, in the County of Suffolk (now Norfolk) in the State of Massachusetts in the year of our Lord, one thousand seven hundred and fifty three, at which place I continually resided until the commencement of the Revolutionary War and afterwards until I arrived to the fiftieth year of my age, from which place I removed to the town of Hatfield in the said State of Massachusetts, at which place I resided about three years and from the latter place I removed to the town of Winhall in the County of Bennington and the State of Vermont, at which place I continued to reside until some time in the month of November last past. I again removed to the town of Fairhaven in the County of Rutland in the State of Vermont where I at present reside.

That before the commencement of the Revolutionary War of the United States with Great Britain, the Militia of the State of Massachusetts was for some months drilled preparatory for the then approaching contest with Great Britain in which I was drilled in the Company of Captain Robert Smith for some months. That in the Call of Militia of the State aforesaid on the day of the Lexington battle, I marched under the said Robert Smith, Captain, with his Company, which Company belonged to Colonel Heath’s Regiment when I joined the troops at Lexington, in which battle with the enemy I was severely wounded by a musket shot which passed through my body near the lower extremity of my right shoulder which prostrated me to the earth where I lay until carried off from the field of battle. That afterwards on the nineteenth day of April in the year of our Lord 1775, I enlisted into the regular service for eight months, was marched to Roxbury in the said State of Massachusetts and joined my Regiment there, which enlistment was made at Needham aforesaid under Captain Moses Whiting, Colonel Groton’s Regiment in General Heath’s Grigade of the Massachusetts line where I continued and in contiguity places doing duty in said Company until the thirtieth day of December, following when I was discharged, but not in writing, as I remember during this service I was Corporal (11 Aug 1775) to said Company duly appointed and discharged that duty until discharged.

I again volunteered in my Countries Service about~’the first of February 1776 to guard the Sea Shore south of Boston. Beginning our watch at a place called Squanton near the northeast part of Dorchester extending our line southerly to Quincy and Milton. As the Regiment extended to such considerable distance that it did not parade by Regiment and the Company were so much subdivided that I do not recollect my Captain or field officers.

I performed my tour which was three months under the Command of Lieutenant Oliver Mills, the Company or Regiment was never to my knowledge paraded together and from this cause I have now at this distance of time no recollection of them. I was discharged about the last days of April next following my enlistment. In this turn I was appointed a Lieutenant and performed that duty during the same turn.

I again volunteered and turned out at the call of my Country in the Militia of the State of Massachusetts to reinforce the Garrison of Ticonderoga about the end of July 1776 in the Company of Captain Timothy Stowe of Dedham, Lieutenant Moses Bullard of Needham, 2nd Lieutenant Lemuel Richards of Dedham and Ensign Daniel Petty of Dedham under the Command of Colonel Ephraim Wheeloch. We marched from Dedham in Massachusetts to Charlestown, New Hampshire, and then the most direct route to Ticonderoga. Soon after our arrival at that place, Captain Stowe’s Company with myself were transferred to Colonel Crane’s Regiment of Artillery under General Gates. I was discharged about the first of December following with an allowance of time to return home, supposed to be about fourteen days. This service was for five months which was fully served out. I believe during this service I was appointed 2nd lieutenant to said Company and performed that duty during the term aforesaid.

I again volunteered at the call of my Country in the Militia or State Troops of Massachusetts, to reinforce George Washington’s Army and marched about the time I returned from Ticonderoga in December 1776, under Captain Ebenezer Everett of Dedham, lst Lieutenant Oliver Mills of Needham, and 2nd Lieutenant Nathaniel Kingsbury (whose deposition follows) of Dedham, In Colonel Love Ellis Regiment to Providence through Plainfield to Hartford from thence to Danbury from thence to Tarytown in the State of New York on the North River. After a few days we marched to Morristown in the State of New Jersey. In this service I was appointed 2nd Lieutenant and performed that duty in said Company. I was discharged about the last of March or first of April 1777, with an allowance of sixteen days to return home. I believe this service was for four months which I served out and was dismissed.

I again volunteered in my Countries cause to defeat the incursion of the enemy under Lieutenant and General Burgoyne and marched from Needham about 15 August 1777 State of Massachusetts in it’s State Troops as Adjutant of the Regiment under the Command of Colonel Benjamin Gills, in General Warner’s Brigade to Northampton and from thence to Bennington in the State of Vermont where we arrived on the night of the day that Colonel Baum was killed and the next day we marched to the north for Strumsborough (now Whitehall) to intercept a reinforcement joining General Burgoyne on the Pawlet River, which enters at Whitehall. On reaching the latter place we were ordered to Stillwater where we joined the Army of General Gates and was in battle of Bemis Heights and at the surrender of Burgoyne. We marched from there down the Hudson by Albany to White Plains and was discharged from said service on the twenty ninth day of November following on White Plains aforesaid with twelve days allowance to return home, which service was three months and twenty eight days as will more fully appear by a certificate of Edward D. Banes, Secretary of State of the Commonwealth of the State of Massachusetts. I have a Warrant from the Commander of the Regiment for the office of Adjutant (28 Mar) but which has become lost from time or accident.

Being interrogated by the Court, according to the instructions of the Honorable War Department, that his age is as he has stated, that he has no word of the same and knows of none except it be in the town Clerk’s office in the said town of Needham, and that his residence has been as above state in the places above mentioned and that he resided at the town of Needham aforesaid at the same times aforesaid when he enlisted and volunteered into the said service of the United States as above stated in his declaration above mentioned and specified and that he has stated the names of the officers and such Corps as he now recollects with whom he was acquainted at that time and at this great distance of time from the period in which those events were transpired. Never became but one writing and any written discharge from the said several officers or any other officers after the Revolution during said service which was the Warrant of Adjutant from Colonel Benjamin Gill’s as Adjutant of that Regiment which is lost from time or accident as he believes.

That he is acquainted with and long been known to several reputable gentlemen of the County of Bennington and this County who ~ca testify to and concerning his reputation and character and to their belief of his Revolutionary Services among whom are, Reubin Brooks, Esquire, of Winhall, Adrain Bronson the Reverend Clergyman of the Episcopal Church of the town of Manchester in said County of Benningt.on, Cyrus Graves of Fairhaven aforesaid, Amos Dreury the Reverend Clergyman of the Congregational Society of Fairhaven. Nor is he able to procure the testimony of his former comrades and associates in Arms except the depositions of Lewis Colburn, Nathaniel Kingsbury and Nathaniel Chickering whose great age and feeble bodily, powers and great distance from the place of the hearing of this matter before the said Court, renders it impractical for them to personally attend which depositions and the certificate of the Secretary of the State of the Commonwealth of Massachusetts is hereto annexed. Nor of any other person who personally knew of his Military Services to his Country as above detailed having removed from the said town of Needham more than twenty five years since when I engaged for the said Military Services to the distance of nearly two hundred miles from my present residence and it being so equal a distance of time since those services were rendered, has but little intercourse of later years with his former associates in army, Part of his services having been performed in the States of Massachusetts, New York and Vermont, and quite a considerable number of his companions in arms are since deceased as he is informed he knows, or is not informed of any of them by whom he can procure competent indices of his Military Services aforesaid and if any such do remain residing and they probably do (if living) in remote parts of the Country from the place of his residence he knows not where to find any of his former associates in arms.

He hereby relinquishes any claim whatever to a pension or annuity, except the present and declares that his name is not on the pension roll of the agency of any State, except on the Vermont agency for invalid pensions at Eight dollars per month as by the certificate hereto annexed dated 14 October 1823 – will now fully appear.

Rutland County, Vermont;

We, Amos Dreury, a clergyman residing in the town of Fairhaven, and Cyrus Graves of the same Fairhaven in the County and State aforesaid hereby certify that they are well acquainted with John Tolman who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age and 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.

Signed by Amos Dreury and Cyrus Graves

Fairhaven, 9 Feb 1835;

Hon. T.L. Edwards, Sir;

Agreeable to a notice in the Vermont Statesman, I, John Tolman comply with the request. As my papers in your office were made out at different times, they may ‘not read verbatum, as I depend on my memory. But may compare near enough to satisfy the inquiry. In the month of November 1774, a convention of delegates was held at Cambridge, Mass., resolved to recommend to the people to put themselves in the best order of defense possible, and to enlist minutemen, choose their officers and form companies, and the recommend was complied with. I then was an inhabitant of the town of Needham, County of Suffolk, Mass. William Heath of Roxbury was our Colonel, William McIntosh of Needham was our Major, Robert Smith was our Captain, Oliver Mills, Lieutenant. We were drilled two days in a week in squads inspected by our field officers. I was a soldier in this company. We considered ourselves soldiers on command, and on the 19 April 1775 our company was called for to repel the British Troops that were on their way to Concord. I received a shot in my right shoulder which laid me by for 2 or 3 weeks. At this time I enlisted into Moses Whiting’s Company, Colonel Graten’s Regiment, William Heath’s Brigade, for eight months, first corporal, and I did perform that duty. For this service I had Lewis Colburn’s deposition taken at Dover, County of Norfolk, Mass., before Calvin Richards, Esq., that I was in the same Regiment with him and in Whiting’s Company for 8 months. The clerk in the court in Dedham certified under seal that Richard was a legal Justice. November 1832 and in March 1833 I had the deposition of Mehitable Fisher, in whose family I then resided, and Hannah Gay, a neighbor, who had brothers enlist at the same time that I did enlist in a few days or a week or two from the 19 April 1775. Taken before Israel Whitney, Esq., of Needham, County Norfolk, Mass. The clerk of the court at Dedham, testified under seal that Whitney was a legal Magistrate.

About the middle of June 1775 our regiment was ordered on to Bunker Hill and I was with them. In a short time after I was with a detach party under the command of General Putnam, on Lichmores Point, and our troops had to retreat, with some loss.

For my wound on the 19 April 1775, I was placed on the pension list byJohn Lucas at $20.00 a year. In November 1775 I received a wound in my private parts that I did not mention to Lucas, nor any other person until about the year 1811. I informed some of the Members of the Senate at the City Washington. My case was attended to, a committee was appointed to examine my case, the Hon., John Robinson was one of the three, I made that evidence that they were satisfied with, and they reported my case, and I was placed on the books at $60.00 a year. As my disability has increased my pension has been raised. You will find the returns of the doctors who have examined me, my disability to be total and. I was raised to $96.00 per year. In the winter and spring of 1776, I volunteered into a militia company as Sergeant to guard the sea shore south of Boston, beginning our watch at a place called Squantum, extending our line through Milton and Quincy. As our Regiment extended so long a line, it was not called on to parade. The company was divided and sub- divided. I was under the command of our lst Lieut.,Oliver Mills. The other part of the company or Regiment, I knew but little about. We were discharged the first of April 1776, the time of service three months.

In the summer of 1776 , the towns of Dedham and Needham were requested to raise a company for five months for an expedition to Lake Champlain, Timothy Stowe, Captain, Gay, Lieut., Ensign Pettes, all of Dedham. County of Norfolk, Mass. I volunteered as a Sergeant into this company and I performed that duty for that service. I had Nathaniel Chickerings deposition taken by Colonel Richards, Esquire, of Dover, County of Norfolk, Mass., the clerk of the court at Dedham, County of Norfolk, Mass., certified under seal, that Colonel Richards was a legal Justice. The number of days allows to return home I have forgot but say 10 days.

NOTE: Apart of the above service;

Our company started from Dedham for Charlestown, New Hampshire, then to Rutland, Vermont, then to Ticonderoga on the west side of the lake and our company was attached to Colonel Crane’s Regiment of Artillery on Mount Independence.

In the winter of 1776 and 1777 I volunteered into a company of which Everett of Dedham was Captain, Nathaniel Kingsbury 2nd Lieut., and Oliver Mills of Needham, Lt., all of County of Norfolk, Mass., for five months and allows 16 days to return home, and I performed the duty of ~2nd., ~Sargeant. For this service I had Nathaniel Kingsbury’s deposition, taken by Col., Richards of Dover, County of Norfolk, Mass., and the clerk of the Court at Dedham under seal certified Col., Richards a legal officer. All my services after the 8 months was with the militia. This campaign was to the southward. We marched through Providence, State of Rhode Island, Danby in Connecticutt, to Terretown on the Hudson. Our company was quartered out for a week or two. In this time I was with Gen., Heath with a detachment, moved on to West chester to take King’s Fort, which he summoned, which they refused, but gave us battle. After some loss we had orders to retreat. We crossed the Hudson and marched to Morristown, New Jersey, where we remained until discharged the next spring. We were allowed 16 days to return home.

In the summer and fall of 1777, I was appointed Adjutant of Colonel Benjamin Gill’s Regiment, destined to reinforce General Gates at Stillwater, State of New York, on the Hudson. The Regiment marched by company Norfolk, Through Worcester, Northampton, Bennington in Vermont, Cambridge, New York. Our Regiment formed on Bemis Heights on the east side of the Hudson. I was on General Arnold’s right wing with part of our Regiment when General Burgoyne was defeated by our troops forcing his lines. After the capture of Burgoyne, our Regiment marched down the Hudson, as far as Tarratown, from thence to the white Plains. After three months and twenty eight days service, the Regiment was discharged. for this service I had a certificate under the signature of Bangs, Esq., secretary of the State, Massachusetts. My pay was forty dollars per month and two rations. My papers and declaration were excepted by the Hon., Almon Warner and the seal and signature of S. W. Merrill, Register of Castleton, and the testimony of the Lieut., Amos Drury, and Cyrus Graves as is repeated in my reputation.

Total service 25 months and 3 days

Deposition of Lewis Colburn;

I, Lewis Colburn, of Dedham in the County of Norfolk and commonwealth of Massachusetts, being thirty-eight years old, do testify and say that I was well acquainted with John Tolman of Needham, County and commonwealth aforesaid, in the time of the Revolutionary War with Great Britain, and that said Tolman was in the same Regiment with me, the whole of the eight months Campaign in the year 1775. Moses Whiting of Roxbury was Tolman’s Captain and Aaron Paine of Needham aforesaid Lieutenant and John Greyton of Roxbury, Colonel of said Regiment and Joseph Vose of Milton Lieut., Colonel.

Deposition of Nathaniel Kingsbury;

I, Nathaniel Kingsbury of Medfield in the County of Norfolk and Commonwealth of Massachusetts, being eighty three years of age do testify and say that I was well acquainted with John Tolman of Needham, County and ~Commomwealth aforesaid in the time of the Revolutionary War with Great Britain, and that said Tolman was with me in the same company. We marched from Dedham in the month of December 1776 to Providence through Plainfield to Hartford, from thence to Danbury, from thence to Tarry Town in the State of New York on the North River. After a few weeks we marched to Morristown in the State of New Jersey. We were both discharged about the last of March or first of April 1777 with an Allowance of sixteen days to travel home. Ebenezer Everett of Dedham was our Captain, and Oliver Mills of Dedham, lst Lieut., and Nathaniel Kingsbury of Dedham, 2nd Lt. in Solomon Lovell’s Regiment

A letter by John Tolman a 75 years to his son & family;

This would of been Jeremy as John, Jr., died 1833;

My son, and your family, you now receive my birth day’s reflections and council. As it respects my age, I can say as Jacob did to Pharaoh, few and evil are the days of my pilgrimage. I am this day 75 years old. Here it will be natural for you to say within yourselves, my parents lived to a good old age, they have got to be old folks; that is true. You will figure to yourselves of accomplishing great things, if you were to live to that age I ask you what time is? You have seen it described by many as being a thought, a ship at sea, an eagle in it’s flight, a flash of lightning: they all pass insensibly to our view, and soon forgotten: that is or will be the case with your parents. Our 75 years to us have insensibly passed away and they seem but as yesterday our years of childhood and youth are fresh in our memories. When young I viewed this world an object worth pursuing and that with energy. I set out in pursuit of enjoyment. I would see it almost within my grasp; on the one hand, was wealth, and honors, and before me the mansion of happiness. As soon as I had accomplished such a plan, it would be in my power, but alas! When my plans were accomplished, my riches, honor and happiness were only in anticipation: my object was not attained, nor my ardour abated. I discovered it was other object: my hopes brightened, my faith strengthened, my pursuit was more energetic, the phantom just before me: it wants but one step to be mine. This was Youth. When I arrived to manhood a new scene opened to my view. My Country oppressed by the strong arm of British tyranny, our liberties at stake: defense was necessary. To arms was the watch word, defend your rights. Fathers, defend your children, children defend your parents in their declining years, who defended you in your defenseless days. What could be more pleasing to ambition than to knock off the shackles of despotism? Freedom and independence, was the hobby I mounted, sword in. hand, neck or nothing, life or death. I will be one to support my country’s rights and gain it’s independence. Lexington was the spot where we were first called to defend our rights by force of arms. the company that I belonged to met the British troops in front, fix’t as fate, to repel their force, we played the man, or rather, we meant to act the soldier, but inexperience operated against us; we were soon convinced of our error; we suffered much in consequence of our inexperience and enthusiasm. the ten fold force that we met bore us away like a mighty torrent; a number killed and wounded, myself among the latter, dropped in the field incapable of action, wallowing in my blood. It finally proved a seal to my father prosecuting my first intention.

The Needham, Massachusetts home of John Tolman.

They were buried in the oldest cemetery in Fairhaven, Vermont. But in 1906/7 they were disinterred and brought to Needam, The large white gravestone came with the bones and there is now an S. A. R. marker on his grave. This was done by his great granddaughter, Anna Maria (Tolman) Pickford. The graves of Capt. John Tolman & wife. John d, 20 May, 1835 a, 82 years. Elizabeth d, 30 Apr,1835 a, 87 years. This venerable couple lived together 57 years the greater portion of which time was spent in the service of their Divine Master. During the Revolutionary struggle as a commanding officer, he was indefatigable in his exertions, and in the memorable battle of Lexington distinguished himself as a fearless defender of his country’s liberty. They were remarkable for their attachment to each other and died much lamented.

As soon as I was able to shoulder my musket I joined the American army under the command of General Heath (my first object was to furnish myself with a Bible as a monitor that I might not lose sight of my duty to God. Now my children choose this day whom you will serve. If you choose to be the friend of God, and serve, love and obey him, take the Bible for the man of your council, read it with attention’, hearken to it’s councils. I am fully convinced that happiness is not in wealth nor honor without religion, but with religion the heart of man is satisfied with a small portion of this worlds goods) afterward under the command of General Putnam, General Lovell, General Arnold, General Gates. In some instances I was favored with retaliating that made some amends for my disappointment at Lexington. I was contented with privation if my object could be accomplished. After the war closed and I became a citizen, flushed with the honor of victory and independence and a free republican government. But I soon found the honor of being a soldier and living in a free republican government would not support me, having spent my own interest, and receiving government pay, a thousand depreciated government bills to one of silver. Industry and economy was the only alternative, for a livelihood. I have followed a domestic life to the present time, we commit, commend and leave you all in the hands of a merciful God. We remain your most affectionate parents.

One account gives that John Tolman of the East Company, while lying behind a wall with several others, was discovered by a flank guard. Those not disabled stood up and Tolman twice tried to fire at the main column, but the powder flashed in the pan, although after his first failure he had cleared the vent with a pin from his shirt collar. He then found himself in a crossfire, and was struck between the shoulders by a bullet, which later was extracted from his breast, and is still preserved. After long suffering he recovered.

They lived in Needham until the start of the war and after the war at age of 50 years they went to Hatfield, Hampshire, Massachusetts, for about three years, then to Wishall, Bennington, Vermont, then to Fairhaven, Rutland, Vermont where they both died.

Dedham, Norfolk, Massachusetts Historical Register, Vol. 10, p. 100: Captain John Tolman, Corporal of Captain Whiting’s Company, Colonel Heath’s Regiment, 5 October 1775 at Needham, 36th regiment of Foot, Station Fort #2. Enlisted 5 May 1775.

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