Revolutionary War Pension and Bounty Land Warrant Application File S. 6890, Luther Gillet, Conn.
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Conn.
Gillet, Luther
S. 6890
carded
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14.388

New York
Luther Gillett
of Herkimer in the State of NY. 
who was a private in the comy commanded by Capt King of the Regt commanded by Col Kent in the Connecticut line for 9 months

Inscribed on the Roll of New York at the rate of 30 Dollars ~ Cents per annum, to commence on the 4th day of March 1831.

Certificate of Pension issued the 22nd day of May 1833 and sent to Adam Hackley Herkimer NY

Arrears to the 4th of March 1833. $60.00
Semi-anl. allowance ending 4 Sep 1833 15.
__________
$75.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by George Taylor Clerk,
Book E, Vol 4, Page 57

Paid at the Treasury under the act of the 6 April 1838 from the 4 March 1833 to the 24 Jany 1834 the day of said Pensioners death. Agt notified 26th June 1838.
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Treasury Department
Second Comptroller's Office,
June 21, 1838

Sir: 
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States, 'The children of Luther Gillet deceased a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of thirty Dollars and ,, - ,,- Cents [crossed out] per annum, under the law of the 7th June 1832 has been paid at this Department, from 4th of March 1833 to the 24th of January 1834, the day of said pensioner's death. Respectfully, yours,
Albion K. Parris
Comptroller

To the Commissioner of Pensions,
Present
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23293
Luther Gillet
Herkimer Co New York

Adam Hackley,
Herkimer New York
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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 rules 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, showing the Service of Luther Gillet, Herkimer N. Y.

[in column form]
Period when the service was rendered. Volunteer 1777, 1778, & 1779
Duration of the claimant's service. 9 Months
Rank of the claimant. Private
Names and Rank of the Company officers under whom he served. Capt King 
Names and Rank of the General and Field officers. Major Kent
Battles in which the applicant was engaged. ~
Country through which he marched. Stony Point
Place of above when he entered the service, and age at the present period. 70 Hartford Conn.
Evidence by which the declaration is supported. Tradition

x "Paying time" to "just before winter set in" not precise enough to ascertain this service. The others less so. The applicant believes he served more than three months each tour, which at 3 by 3 makes the amount set down.

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 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 embraces 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 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
County of }ss.
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 believe, 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 day 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 application 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 service of each person
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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 declaration 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.
G. {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 he 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 reasons 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, 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 period 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 pension 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.
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 is quote (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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In the matter of the application for a pension  of Luther Gillet

Under the Act of June 7 1832.

23293
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Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1833.
State of New York
County of Herkimer}Ss.
On this eleventh day of February 1833 personally appeared in open court before the Judges of the Court of Common Pleas of the County of Herkimer now sitting Luther Gillett a resident of Manheim in the county of Herkimer and state of New York aged seventy 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, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
That he was a resident of Suffield in the County of Hartford and State of Connecticut when he was first called into service. That his first campaign was in the same year that General Burgoyne surrendered and was he thinks in the year 1777. That he volunteered in haying time of that year in the company of Captain King, whose Lieutenant was one Vobles and his Ensign was one Callen (the Christian names of these officers this applicant does not recollect). The Major of the Regiment was Elihu Kent. (the names of the Colonel this applicant does not recollect). That they were marched to Stoney Tower Point where he did duty as a private soldier and also on Fishers Island a short distance from said point in Long Island Sound. That he was discharged from service and returned home just before winter set in. It was a march of 96 miles from his residence.
That he was drafted very early in the spring of the next year in the company of Captain King and was marched from his residence to a place opposite Fort Trumbull but on the same side of the Bay. That the water was high at the time and they went apart of the way by water. He did duty in building a Fort of said point nearly opposite Fort Trumbull. That he worked on fatigue every day until he was dismissed. That he does not recollect the names of other officers.
That the next campaign he served at New Haven and at East Haven. It was he thinks the year succeeding the last campaign. That hew as then engaged in repairing a Fort at West Haven and on sentinel duty. That he was dismissed in the fall of that year. That he does not recollect all the officers that went with him, but knows those as above stated that went form his town. Does not recollect whether they all went each time.
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He served as he verily believes more than three months in each of the above tours on an average.
That he has no documentary evidence of his services and knows of no person who can now testify to the same.
1. That he was born at Suffield in the County of Hartford and State of Connecticut as he has been informed by his parents and believes on the 22nd day of April 1762.
2. That the records of his age is as he supposes in the town of his nativity.
3. That he resided in Suffield aforesaid when called into service. That he was fifteen years old when he first volunteered. That he removed from said town of Suffield after the Revolutionary War to Manheim in the county of Herkimer and state of New York where has lived about forty six years and now resides.
4. That he was a volunteer the first tour of his service, a drafted militia man the second tour and went as a substitute for his brother Seth Gillett (who is now dead) on his third tour as above, his brother having been drafted.
5. That he never to his recollection received a written or printed discharge.
6. That John Rulston and Elijah Barnes are both neighbors of this applicant and can testify as to his character for truth and veracity and as to their belief of his Revolutionary services.
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 the agency of any state.
Luther Gillet

Sworn and subscribed in open court the day and year aforesaid.
Julius C Nelson Clerk
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We, John Rulston residing in Manheim and Elijah Barnes residing in Manheim hereby certify that we are well acquainted with Luther Gillet who has subscribed and sworn to the above declaration; that we believe him to be 70 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 day and year aforesaid.
Elijah Barnes
John Rulston
in open court Julius C. Nelson Clerk

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 Elijah Barnes and John Rulston who have signed the preceding certificate are residents in Manheim in said county and that they are credible persons; and that their statement is entitled to credit.
I, Julius C. Nelson, clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Luther Gillett for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this eleventh day of February 1833.
Julius C. Nelson Clerk
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6890

INVALID.

Rev War

File No. 6890
Luther Gillett
Priv. Rev. War

Act: June 7th 1832
Index: - Vol. [illegible], Page 141
(Arrangement of 1870.)