Revolutionary War Pension and Bounty Land Warrant Application File S. 12,529, Ebenezer Cook, Mass. N.H.
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(3-1776)
SERVICE|[blank]|NUMBER
Mass.|Cook, Ebenezer|S.12,529
N.H. 
carded
CONTENTS
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21.498
New Hampshire
Ebenezer Cook at Strafford in the State of New Hamp. who was a Private in the Comp commanded by Captain Cushing of the Regt commanded by Genl Ward in the Massa* line for 1 Year
*Mass. and N.H. 
Records completed Oct 21/05
Inscribed on the Roll of New Hamp're at the rate of 40 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 24 day of Sep. 1833 and sent to D. Hoit Sandwich
Arrears to the 4th of Sep. 33 $100
Semi-anl. allowance ending 4 M. '26 20
$120
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Go. C. Stiles Clerk,
Book E. Vol. 1; Page 77
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Declaration in order to obtain the benefit of the act of Congress passed July 7, 1832 
State of New Hampshire
Strafford County ss
At the Court of Probate for said County at Sandwich in said County on the twelfth day of September in the year of our Lord One thousand eight hundred and thirty two personally appeared before the Judge of Probate for said County Ebenezer Cook a resident of the Town of Sandwich aforesaid Yeoman aged seventy one 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 7th 1832 that he at the Town of Franklin in the State of Massachusetts in the year 1776 in the month of August enlisted into the service of the United States into the Company commanded by Captain Perez Cushing in a Regiment from the State of Massachusetts in the Brigade commanded by General Ward and served in said Company nine months and was dismissed at Boston without receiving any regular discharge. And in June 1777 he enlisted into a company commanded by Nathan Taylor & marched from Moultonborough in said County of Strafford through a part of New Hampshire & Vermont to Bennington & was then in the battle under General Stark and was dismissed at a place called Stillwater
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about eight days after said Battle, having served from the time of his last enlistment three  months as near as he can recollect, and that he  hereby relinquishes every claim whatever 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. 
/s/Ebenezer Cook
Sworn to and subscribed in Open Court the year & day aforesaid
We David Brown residing in Moultonborough in the County of Strafford & State of New Hampshire and Benjamin Bean residing in Tuftonborough (Tuftonboro) in said County of Strafford hereby certify that we are well acquainted with Ebenezer Cook who has signed and sworn to the above declaration that we believe him to be of the age which he here states 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 
And we further say that said Cook enlisted into the Service of the United States in 1777 & served as he states in his declaration & that we enlisted at the same & in the same company with him & served with him & therefore can testify to the truth of his declaration as to his service in the New Hampshire line 
/s/X his mark Daniel Brown
/s/Benj'a Bean
Witness /s/Ira A. Bean.
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The foregoing certificate was sworn to & subscribed in open Court the day & year aforesaid
And the Court doth hereby declare its 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 & served as he states
And the Court doth certify that it appears to him that ['Ebenezer Cook' crossed out] Daniel Brown who has signed the preceding certificate is now a resident in the Town of Moultonborough & that Benjamin Bean who has signed the same certificate is a resident in the Town of Moultonborough and are credible persons and that their statement is entitled to credit
/s/Daniel C. Atkinson Judge of Probate
I James Bartlett Register of Probate for the County of Strafford do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Cook, for a pension 
[court seal] /s/James Bartlett Reg'r
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Strafford ss
December 13 1832} State of New Hampshire
I Daniel Hoit Notary Public within Said State do hereby certify that Ebenezer Cook, who signed the within declaration is the same person named in the annexed application
/s/Daniel Hoit, Notary Public
Eben'r Cook decl.
12 months
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Ebenezer Cook
New Hampshire
Private 12 months
Old Case
Daniel Hoit Esq
Sandwich NH
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WAR DEPARTMENT, Pension Office. 
May 22 1833

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 show 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 Ebenezer Cook Strafford County New Hampshire
[column headings: Period when the service was rendered|Duration of the claimant's service.(Years.|Months.|Days.)|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.|]
Enlist'd 1776|( " |9| " )| " |Capt Cushing Gen'l Ward|71 years|Traditionary Evidence|
 " 1777|([blank]|3| " )| " |Capt Taylor Gen'l Stark|state of Massa|Old Case|
[end of columns]
I am, respectfully, Your obedient servant, 
J. L. EDWARDS,
Commissioner of Pensions.
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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 et 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, mucicians 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} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&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
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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 traditionary 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 most 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 loss of memory, state precisely how long he served, he should amend his declaration by making au 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 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 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 place 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 or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no 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 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 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.
⇒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 [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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[blank page]
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12529
Rev War INVALID.
File No. 12,529
Ebenezer Cook
Pri Rev War
Act: June 7th 32
Index: - Vol. A, Page 77
[Arrangement of 1870.]
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J. L. Edwards Esqr.
Commissioner of Pensions
from Daniel Hoit,
Sandwich New Hampshire
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[handwritten letter]
Sandwich N.H. June 7, 1833

J. L. Edwards Esq
Sir, When the accompanying papers were forwarded before I had no doubt but that the testimony was sufficient - As to  certificate of the credibility of the witnesses Daniel Brown, and Benja Bean, the court, before whom the declaration of applicant was made, have certified as to the credibility, which will be seen or reference to the certificate of the Register of the Court 
This appears to be the only marginal reference, and as pains has been taken to procure additional testimony I hope these will be sufficient, if not I will be very much obliged to have the particular references marked so that my attention to the deficiency may be immediately directed - Do let the subject be taken up without delay
Yours respectfully
/s/Daniel Hoit
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Ebenezer Cook
private
Massachusetts Line 
1776 - 9 Months
The within service [illegible] is not on the Continental establishment
Rejected.
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State of Newhampshire
Strafford ss - } On this 25th day of April A.D. 1818 before me the subscriber one of the Judges of the Court of common pleas for said county personally appears Lott Cook and Joel Cook of the Town of Sandwich County and state aforesaid who being by me first duly sworn according to law doth on their oath make the following declaration to be used in support of the preceeding declaration of Ebenezer Cook that they the said Lott Cook and Joel Cook and their brother Ebenezer Cook aforesaid lived in the Town of Franklin in the state Massachusetts in the year 1776 that in the summer season of the same year their said brother Ebenezer enlisted into the United States service went to Boston and was stationed there or at Nantasket (as we understood) about nine or ten months that he the said Ebenezer did not return home until sometime in the summer season of 1777 not long before the battle of Bennington to which he the said Ebenezer went and was in the battle - All which we the deponents do testify from our best memory and recollection 
Sworn to and declared before me the day and year aforesaid - /s/William Badger
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[duplicate of page 16]
State of Newhampshire
Strafford ss - } On this 25th day of April A.D. 1818 before me the subscriber one of the Judges of the Court of common pleas for said county personally appears Lott Cook and Joel Cook of the Town of Sandwich County and state aforesaid who being by me first duly sworn according to law doth on their oath make the following declaration to be used in support of the preceeding declaration of Ebenezer Cook that they the said Lott Cook and Joel Cook and their brother Ebenezer Cook aforesaid lived in the Town of Franklin in the state Massachusetts in the year 1776 that in the summer season of the same year their said brother Ebenezer enlisted into the United States service went to Boston and was stationed there or at Nantasket (as we understood) about nine or ten months that he the said Ebenezer did not return home until sometime in the summer season of 1777 not long before the battle of Bennington to which he the said Ebenezer went and was in the battle - All which we the deponents do testify from our best memory and recollection
Sworn to and declared before me the day and year aforesaid - /s/William Badger
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I Joel Cook of age depose & say that in the summer of 1776 Ebenezer Cook enlisted into the United States service at a town called Franklin in the State of Massachusetts and he went to Boston and was stationed there or at Nantasket and continued there about nine months - as he did not return till some time in the summer of 1777 & a short time after he enlisted again & went to Bennington Vermont, and was in the Battle at that place, as I ever understood - I further testify that Lott Cool who testified before Judge Badger Apl. 25, 1818 is dead, this being the cause that his testimony cannot be procured
/s/Joel Cook 
State of New Hampshire
Strafford ss. Be it known that before me Daniel Hoit Notary Public in and for the State aforesaid, personally appeared Joel Cook a credible person, and made oath in due form of Law that the above declaration by him signed is true - 
[notarial seal] In testimony whereof I have hereunto set my hand and affixed my Notarial Seal at Sandwich in the County of Strafford and State aforesaid this third June A.D. 1833 - 
/s/Daniel Hoit Notary Public
We Giles Leach a Clergyman residing in the town of Sandwich aforesaid and Jeremiah Furber of the same town, hereby certify that we are well acquainted with Ebenezer Cook who has subscribed and sworn to the above declaration
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that we believe him to be about seventy one 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. 
/s/Giles Leach
/s/Jeremiah Furber
State of New Hampshire
Strafford ss.} June 7, 1833
Be it known that Before me Daniel Hoit Notary Public in and for the State aforesaid, personally appeared Giles leach a reputable Clergyman resident of the town of Sandwich and Jeremiah Furber the signers of the above decla(ra)tion and made oath in due form of Law that the same is true, according to their knowledge & belief - I further certify that said Jere. Furber is a credible person
[notarial seal] In testimony whereof I have hereunto set my hand and affixed my Notarial seal at Sandwich in the County and State aforesaid and on the day aforesaid
/s/Daniel Hoit Notary Public
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State of Newhampshire
County of Strafford ss} On this 25th day of April A.D. 1818 before me the subscriber one of the Judges of the Court of common pleas for said County personally appears Ebenezer Cook aged fifty seven years resident in the Town of Moultonborough in the County and State afforesaid who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war. That he the said Ebenezer Cook in the Month of August 1776 enlisted in the Town of Franklin in the State of Massachusetts for nine months in the company commanded by Captain Peter Cushing he cannot now positively recollect the number of the regiment nor the commander's name but thinks it was Scammins
General Ward's brigade Massachusetts line that he continued to serve in said service of the United States in said war on the Continental establishment from August 1776 until about three weeks after his enlistment was out which was sometime in May 1777 when he was dismissed at Boston in the State of
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Massachusetts had no written discharge he afterwards served two month in the year 1777 and was in the battle of Bennington and that he is in reduced circumstances and stands in need of the assistance of his country for support - Sworn to and declared before me the day and year aforesaid - /s/William Badger
I William Badger Judge &c. as aforesaid do certify that it appears to my satisfaction that the said Ebenezer Cook did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months and that he is in reduced circumstances and stands in need of the assistance of his country for support and I now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of War pursuant to the Directions of the aforementioned act of Congress
[court seal] In testimony whereof I have hereunto set my hand and have caused the seal of said Court to be hereunto affixed this 29th day of August A.D. 1818 - 
/s/William Badger
Attest /s/Dan'l Waldron clerk of the Court of Com. Pleas for said County of Strafford