Revolutionary War Pension and Bounty Land Warrant Application File S. 21973, for Isaac Simmons, Rhode Island
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(3-1776)
SERVICE
R.I.
Simmons, Isaac
NUMBER
S.21973
CONTENTS
[none]
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21.563
Rhode Island
Isaac Simmons
of Newport in the State of R. I.
who was a Private in the Company commanded by Captain Simmons of the Regt commanded by Col Richmond in the R.I. line for 15 months
Inscribed on the Roll of R Island at the rate of 30 Dollars - 00 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30th day of Sept 1833 and sent C. E. Robbin[?] Newport R.I.
Arrears to the 4th Sept. 1833 $125.00
Semi-anl. allowance ending April 34  25.00
[Total] $150.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by D. H. Robson[?] Clerk,
Book E Vol. 2 Page 130
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Declaration
State of Rhode Island &c.
County of Newport, Town of Little Compton sc.}
On this twenty fifth day of October A.D. 1832 personally appeared in open Court before the Court of Probate at Little Compton in the county and State aforesaid, at an adjourned session thereof Isaac Simmons, a resident of said Little Compton, aged sixty eight years. who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed June 7th 1832: viz.
1 That he first entered the service of the country in the manner following viz. About the month after the British took possession of Rhode Island (to wit in October 1777) the father of the declarant having been draughted [drafted] as a private in the company of militia in Little Compton, commanded by Captain Ephraim Simmons, this declarant was accepted and served as a substitute for his father now deceased and did duty in said capacity at the Red House in Little Compton, now the property of Amasa Gray Esq. for a term of four months. That immediately after the expiration of this service, he acted as a substitute for Lebedea Stoddard now deceased, at the Deacon Wm. Taylor house in said Little Compton, for the period of a month, at the time that Benjamin Coe was captain of the guard. That in March 1778, he volunteered and served as a private, in Captain Benjamin Coe's company of Little Compton militia every alternate month of one year and six months, viz. so long as the British
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remained in possession of Rhode Island. Declarant served also two of the intervening months of this last mentioned period as a substitute for his uncle Aaron Simmons now deceased, who was draughted [drafted] as a private in the same company commanded by Capt Coe.
2. Declarant further avers on oath as aforesaid, that the object in calling out the militia at the times before mentioned was to protect the shores of Little Compton from the incursions of the enemy by establishing thereon a regular and efficient guard in the manner following viz. one half of the company was called upon duty for one month, which was then relieved by the other half the succeeding month, and so on alternately, so long as the necessity for a guard continues: the whole company, in the mean while being liable to duty, and ready to be called into service at a moments warning. Declarant is informed and believes, that the before mentioned draughts were made under the authority and in compliance with an act of the General Assembly of December 1778, draughting into three divisions all male persons liable to bear arms in this State, whether of the Alarm lists, militia or independent companies and placing them under the orders of the Governor, a Commander for the time being to be marched to such places and stations as said authorities should direct.
3 Declarant further states on oath as aforesaid, that in 1781 he entered as a volunteer in the militia company of Little Compton commanded by John Davis; was marched to Rhode Island, and stationed at Cowells, in the west road of said Island: that after performing a months duty as a private in said company declarant was discharged.
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4. Declarant further states upon oath as aforesaid that he was born in the town of Little Compton in the then Colony of Rhode Island, August 28, 1764: that there is a record of his birth in the town clerk's office of said town, a certificate of which, with the attestation of the present town clerk will be hereunto annexed: that he was living at the time of his first entering the service as aforesaid in said town of Little Compton: that he has lived there since the Revolutionary war: and that he now lives there: that he is unable to fix with more precision than he has herein done, the day, month, and year when he entered the service, or when he left the same: that he never received any written discharge from either of the companies in which he served as aforesaid, nor was it usual in the Revolution to grant such discharges: that he has no documentary evidence of the service he has sworn to, nor did he ever possess any: that as to the manner of his being called into service, or the names of the officers under whom he served, they are succinctly stated in the preceding part of this Declaration; and that he claims to have served on the whole fifteen months, actual duty.
5. Declarant further states as aforesaid that he refers to Sylvester Gifford & Thomas Gray, as persons to whom he is known in his present neighborhood, who can testify to his character for veracity, and their belief of his services as a soldier of the Revolution.
6. He hereby relinquishes every claim whether to a pension, or annuity except the present, and declares that his name is not in the pension roll of the agency of any State
[signature] Isaac Simmons
Sworn to and subscribed in open Court, the day & year before written
Witness A. R. Brownell Probate Clerk.
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We Sylvester Gifford, residing in Little Compton in the county of Newport, and State of Rhode Island: and Thomas Gray, residing in the same Little Compton, hereby testify that we are well acquainted with Isaac Simmons, who has subscribed and sworn to the above Declaration: that we believe him to be sixty eight 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; and that we believe him to be a person of veracity.
[signatures] Sylvester Gifford
Thomas Gray
Sworn to and subscribed in open Court the day & year above written
Witness
A. R. Brownell Probate Clerk
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 Revolutionary soldier and served as he states. And the Court further certifies, that Sylvester Gifford, who has signed the preceding certificate is a resident of Little Compton. and that Thomas Gray who has also signed the same, is also a resident of the same Little Compton; that both are credible persons; and that their statement is entitled to credit. The testimony of the nearest clergyman having been requested, if one lives in the [illegible] vicinity of the applicant, the Court think it proper to state, that the Rev. Emerson Paine, having been recently settled in this place, and the only one who could be conveniently called upon, was not sufficiently acquainted with the applicant to be used as a witness.
I, Alexander R. Brownell, clerk of the Court of Probate, of the town of Little Compton, in the county of Newport; and State of Rhode Island, do herby certify, that the foregoing contains the original proceedings of said Court in the matter of the application of Isaac Simmons for a pension
In testimony whereof I have hereunto set my hand and the seal of said Court this twenty fifth day of October, A.D. 1832.
A.R. Brownell Probate Clerk.
[seal affixed to the left]
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Town Clerk's Office Little Compton February 21st 1833. I hereby certify that Isaac Simmons the son of Adam Simmons & Deborah his wife was born August ye 28 AD 1764 as appears of record
Witness A.R. Brownell Town Clerk.
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Joseph Church, of Little Compton in the State of Rhode Island, of lawful age, upon solemn oath, deposes and says that he is well acquainted with Isaac Simmons, who has this day subscribed and sworn to his declaration in open court, in order to obtain the benefit of an act of Congress, passed June 7, 1832; that he is knowing to the fact, that said Isaac Simmons did duty, as a private in the guard, at the Deacon Wm. Taylor House, in Little Compton, in February, 1778, having served with said Simmons in the same guard, but whether he acted as substitute for Tabedea[?] Stoddard, or not, he is unable to state. Deponent also recollects, that said Simmons was a guard, & served with this deponent the following spring and summer and at various other periods during the occupation of Rhode Island by the British; but for what length of time, in the whole, he cannot precisely say. He has no doubt, however, that said Simmons did duty as guard, in the manner stated in his declaration.
Deponent further states, that he is knowing to the fact that said Simmons served one month in 1781, in Capt John Davis company of militia, as stated in his declaration, having been stationed with said Simmons in the same company, at Cowells on the west road at the period before mentioned.
[signature] Joseph Church
State of Rhode Island &c.
Newport sc.
Court of Probate. Town of Little Compton
October 25th 1832: Then personally appeared Joseph Church, subscriber to the foregoing deposition, in open court, and (having first heard read the declaration of Isaac Simmons to this Court made in order to obtain the benefit of an act of Congress passed June 7, 1832) made solemn oath to the truth of each and every part of said deposition by him the said Joseph subscribed. And the Court further certifies that the said Joseph Church is a person of good reputation and standing and that his statements are entitled to full faith and credit. In testimony whereof I have hereto set my hand and the seal of said Court.
A. R. Brownell Probate Clerk.
[seal affixed to the left]
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Isaac Simmons
22789
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Gideon Church of Little Compton, in the State of Rhode Island, of lawful age, upon solemn oath deposes and says, that he is well acquainted with Isaac Simmons, who has this day subscribed and sworn to his Declaration, in open Court, in order to obtain the benefit of an act of Congress passed June 7, 1832; that he is knowing to the fact that said Simmons did guard duty, in the year 1777, as a substitute for his father, as stated in his declaration - but for what length of time he served, in that capacity he is unable to to state. Deponent was frequently at the guard house where said Simmons was at that time on Duty. Deponent recollects, also, that said Simmons was on guard for the month mentioned in his declaration, at the Deacon Wm. Taylor house, having served with said Simmons at the same house and for the same term of time. This deponent can also state, on oath, that from the time of the service last mentioned until the final evacuation of Rhode Island by the enemy - he is knowing to the said Simmons being frequently on guard duty, but for what length of time, or whether on his own term, or as a substitute for others, he is unable to state. Deponent did guard duty with said Simmons in the period last mentioned for at least four months, actual duty. That as to the service of one month, in 1781, at Cowell's on the west road of Rhode Island, as stated by said Simmons, in his declaration, this deponent is knowing also to the truth of the same, having served with him in the same company, under John Davis.
[signature] Gideon Church
State of Rhode Island &c.
Newport sc.
Court of Probate, Town of Little Compton
October 25th, 1832.
Then personally appeared in open Court Gideon Church [who] subscribes to the foregoing deposition, and (having first heard read the declaration of Isaac Simmons to this Court made in order to obtain the benefit of an act of Congress passed June 7th, 1832) made solemn oath to the truth of each and every part of said deposition by him the said Gideon subscribed. And the Court further certifies that
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the said Gideon Church is a person of good reputation and standing and that his statements are entitled to full faith and credit.
In testimony whereof I have hereunto set my hand and seal of said Court.
A.R. Brownell Probate Clerk.
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Supplementary Declaration
State of Rhode Island &c.
County of Newport Town of Little Compton Sc.
On this seventh day of August, AD 1833 personally appeared in open court before the Court of Probate of Little Compton, in the county and State aforesaid, at a special session thereof, Isaac Simmons, a resident of said Little Compton, being the same Isaac, who made his declaration to this Court on the twenty fifth day of October AD 1832 (in order to obtain the benefit of an act of Congress passed June 7, 1832) and having been duly sworn, doth on his oath make the following Supplemental declaration and affidavit, to be annexed to his original declaration  and duly authenticated.
That with regard to his first period of service as a substitute for his father, he was accepted as a substitute & entered on duty on the fifteenth day of October A.D. 1777 in the company commanded by Captain Ephraim Simmons. This was a company of Little Compton militia detached from the regiment of militia commanded by Col. William Richmond, and stationed (as stated in the original declaration) at the Red House, in Little Compton, Rhode Island, for the purpose of guarding that town from the incursions of the enemy.
Declarant served for his father every other month of a term of four months, beginning October 15th 1777 and ending February 15th 1778. Samuel Coe was his Lieutenant & Wm. Simmons Ensign.
That with regard to his several period[s] of service, when he acted as a substitute for Lebedea [Taylor crossed through] Stoddard, as stated in his original declaration, he entered on duty as a substitute for said Stoddard February 17, 1778 in the same company of Little Compton militia - at the time Benjamin Coe was captain of the guards and William Richmond Colonel and served one month, at the Deacon William Taylor House in Little Compton, on the same duty as guard. Declarant finished this tour March 17th 1778.
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That with regard to his third period of service in his original declaration he volunteered and commenced his service as a private in Captain Benjamin Coe's company of Little Compton militia, March 20, 1778 and continued to serve therein every other month until September 2nd 1779 - (at the time the British were evacuating Rhode Island). Declarant also in this period served two months more for his uncle Aaron Simmons, a private in the same company of Little Compton militia commanded by Capt. Benjamin Coe - and this service he rendered in two of the intervening months of the said period when not on duty for himself. He can swear positively and states on oath, that he served the two months last mentioned some time between the 20th of March 1778 and the 20th of September 1779, but from his advanced age and imperfect memory he is unable to designate the particular months when said service was rendered. In this third period of service the duty of the company to which declarant was attached, was to guard the shores of Little Compton from the incursions of the enemy & their duties were of course performed within the town of Little Compton. According to declarant's recollection the Colonel of the regiment at this time was Wm. Richmond. The guard was stationed at the Richmond house and Col. Richmond often acted as captain of the guard. Other officers not recollected.
That with regards to his fourth period of service, as stated in his original declaration, his belief and [illegible] recollection is, that he volunteered and entered on duty in Captain John Davis's company of Little Compton militia Ichabod Wood Lieut. at Cowells, on the west road of the Island of Rhode Island March 1st 1781 - and that he was discharged from said company April 1st, 1781. He can swear & hereby makes oath to having performed a months duty in said company at said time and he states to the best of his recollection the particular dates of the service. Nathaniel Church of Little Compton was Colonel commanding him at Cowell's.
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The declarant wishes the government to understand that no such thing as a regiment was ordered out for the defense of Little Compton. Companies were detached & placed upon duty - but - the field officers were rarely seen and but indistinctly remembered.
[signature] Isaac Simmons
Sworn to and subscribed in open Court the day and year above written}
Witness A. R. Brownell Probate Clerk.
I, Alexander R. Brownell, Clerk of the Court of Probate of the Town of Little Compton in the county of Newport, and State of Rhode Island, do hereby certify that the foregoing papers ( attached together by one ribbon which [illegible] under the seal hereunto set) contain all the original proceedings of said Court (in the matter of the application of Isaac Simmons for a pension) held on the twenty fifth day of October A.D. 1832: also the certificate of the clerk of Little Compton to the birth of said Isaac dated Feby 21st 1833: the depositions of Joseph Church and Gideon Church, in the same matter of the application of said Isaac for a pension, taken by said Court on the 25th day of October aforesaid, together with the Supplementary declaration of said Isaac to this Court made, August seventh, A.D. 1838: and now to the said papers for the first time annexed. In testimony whereof I have hereunto set my hand and the seal of said Court this seventh day of August, A.D. 1833.
A.R. Brownell Probate Clerk.
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22789
Isaac Simmons
Rhode Island
Served 15 mos Private
Capt Simmons Col Richmond
The claimant must amend his declaration by stating each particular tour of active duty, the length of each & all the officers under whom he served.
Amended in conformity to the foregoing directions. See Declarants Supplementary declaration stating his tours of service & names of officers as near as recollected. Papers attached and duly authenticated.
Chris E Robbins
Newport RI
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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 tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
[Table]
A Statement, shewing the Service of Isaac Simmons Newport Co. R. Island
[Column Headings] : / Period when the service was rendered. / Duration of the claimant's service. / Rank of the claimant. / Names and rank of the Company officers under whom he served. / Names and Rank of the General and Field officers. / Battles in which the applicant was engaged. / Country through which he marched. / Place of abode when he entered the service, and age at the present period. / Evidence by which the declaration is supported. /
[Entries]
[Line 1.]  / [word cut off] 1777 / 4 months / Priv / Capt Simmons / None / None / Little Compton / 68 years / [blank] / 
[Line 2]  / - / 1 month / [private] / Coe / None /  - / Little Compton / - / Traditionary / 
[Line 3]  / Feb 1778 / 9 months / [Private] / Coe / None / None /  - / Little Compton / 12 [illegible] / 
[Line 4]  / 1781 / 1 month / [Private] / Davis  / None / None / Rhode I. / RI / Witnesses /
I am respectfully
Your obedient servant,
J. L. Edwards
Commissioner of Pensions.
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2
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
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 provion [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, inder 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 enered [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.
[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 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, [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 applicacation [application] of [blank]
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this 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
alleged service, as they are known at the Department. A very full account of the services of each person
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3
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.
[a brace } added here to indicate Simmons to answer ]1. Where and in what year were you born?
[ a brace } added here]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?
[ a brace } added here]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. [a brace } added here ] Did you ever receive a discharge from the service, and if so, by whom was it given
and what has become of it?
To am Officer. [A brace } added here] 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 the
cure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance
(b) the
declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every Continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory state precisely how long he served, 
he should amend his declaration by making an affidavit in the following words:
Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
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 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,
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 the
office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
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
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
the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witness 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 to are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule the
note il applies to continental troops only.
(l) If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
Page 19

Revolution
21973
Invalid.
File No. 21.973
Isaac Simmons
Priv Rev War
Act: June 7 32
Index: - Vol. 2. Page 367
[Arrangement of 1870.]