Revolutionary War Pension and Bounty Land Warrant Application File R. 5308, Abraham Hoyt, N.H.
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(3-1776)

SERVICE
N.H.

Hoyt, Abraham

NUMBER
R. 5308

CONTENTS
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Abraham Hoyt
27.965

No capt Dentin in
Scammell Regt
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STATE OF VERMONT,      
WINDSOR COUNTY, ss.  

On this 18th day of September A.D. 1833 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, Abraham Hoyt a resident of the county of Windsor and State of Vermont, 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 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.

In the year 1780 the first of March He enlisted as private at Candia in the State of Newhampshire in the Company commanded by Capt. Dustin, Lieutenant Winslow or Fifield (which he cannot remember) Ensign Smith in Gen'l Poors Brigade in Col Campbells Regiment (as he believes) for the term of three years

He joined company in the State of Virginia what town he does not remember, but did not stay but a short time at this place, and marched again to different places in the States of Maryland, New Jersey Pensylvania and the State of New York.  He was a York Town at one time and he continued to March from place to place until he was discharged at New York in March 1783.  In the same company with him was Daniel Rowell who Enlisted during the year and also Peter Gammit who Enlisted at the same time with him for three years, both of said Candia in the State of Newhampshire.  Gammit died in the service after being out about one year.  On receiving his discharge he went immediately to Lebanon N.H. where he stay'd five months & then visited his mother at Candia and also Exeter.

He was born at Exeter in the State of Newhampshire in January 1765 where he lived untill he was about fifteen years old when he removed with his mother to Candia Newhampshire and resided there at the time of the Revolution, and since the war ended he has been in Lebanon N Hampshire and in Hartford, Bethel and Royalton in Windsor County Vermont, and at Royalton last mentioned--he has lived thirty four years and still continues to reside or live there.
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He knows of no evidence to forward with this declaration to substantiate his claim.  He has no discharge or if he ever had one it is lost.  He has no documentatory evidence.  The record of his age he supposes may be found in the Town Clerks office in Exeter N.H.  Oel Billings and the Rev'd A.C. Washburn--will certify as to his character for truth and veracity and of the general belief in the neighbourhood of his service.  ["He has no documentatory evidence--"  (struck through)]

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.
Abrham Hoyt

Sworn to and subscribed the day and year aforesaid.
Edwin Hutchingstone Register.

We, Asabel C. Washburn a Clergyman residing in Royalton Vermont and Oel Billings residing in the same place, hereby certify, that we are well acquainted with Abraham Hoyt who has subscribed and sworn to the above declaration; that we believe him to be 68 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.
Asabel C. Washburn
Oel Billings

Sworn and subscribed the day and year aforesaid.
Edwin Hutchingstone Register.

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 Asabel C. Washburn who has signed the preceding certificate, is a Clergyman, resident in Royalton Vt and that Oel Billings who has also signed the same, is a resident in Royalton Vt. and is a credible person, and that their statement is entitled to credit.

I, Edwin Hutchingstone  Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Abraham Hoyt for a Pension.  The name of Register written on erasure in certificate before signing--

In testimony whereof, I have hereunto set my hand and seal of office this 18th day of September A.D. 1833--
Edwin Hutchingstone  Register--

[illegible seal affixed to the left of the above paragraph]
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(3--223.)

No. 5,308
......................., Ex'r.   [stamp] REJECTED

OLD WAR INVALID.

Abraham Hoyt

P.O...........................................
..................................................
Service:..................................
..................................................
Enlisted:................................, 18
Discharged:........................., 18

Application filed:.........................., 18

Alleges:.........................................
..........................................................
Re-enlisted:..................................
..........................................................

Attorney:.......................................
P.O...................................................
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Vermont

Abraham Hoyt

Suspended

Dec 6th [illegible stricken out]  H Everett

5th Feby 1834

5308
Page 7

ab'm Hoyt

State Scammells Regt
St Col Reid.

suspend

Oel Billings Esqr
Royalton
Vt
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Royalton Vermont.   Dec. 4. 1833

J.L. Edwards. Esq.

Dear Sir:

I have rec'd the return papers of Abraham Hoyt saying that it was doubtfull whether he served at all, from the name of the officers mentioned in his papers.  Now I am in the blame perhaps in making out his declaration in some measure.  He declared to me, that he was in Col. Scamells Regiment, but and old Soldier being present, said, he was not correct, for it must have been in Col Campbells Regiment.  In consequence of the conversation between them, we came to the conclusion it was Col. Campbell who commanded the Regiment.  He now says again, he was in Col. Scamells Regiment.  Lieut Col Reed, also did Enlist for three years, but did not join the company for about ten months after the Enlistment.  Mr. Hoyt is and old broken down man haveing been injured by a tree falling upon him, and is now poor & penclefs and would be glad to get his rights.  He is not a man that would tell a wrong story as his reputation stands fair now in the estimation of the public, as of good character for truth and veracity, and therefore I do not hesitate to prefs his claim.  In all that I say upon this subject, I mean to say no more, nor do aught, but what is right.  I have from looking the return papers over, thought but to return them with this my explanation believing all will be right.  He does not know where to go for testimony and therefor I hope this will meet with a favorable reception.  I am dear Sir
Yours Respectfully
Oel Billings

Turn over
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B.   From the County Clerks certificate so frequently made to by signing you will be able to Judge of the correct Signature.  Of my reputation as a Magistrate I refer you to the Hon'l Horace Everett M.C. from Vermont
O. Billings
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WAR DEPARTMENT,
Pension Office.

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the 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 necefsary to be done.  These 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of

[Column 1]
Period when the service was rendered.

[Columns 2, 3 and 4]
Duration of the claimant's service.
Years.      Months.     Days.

[Column 5]
Rank of the claimant.

[Column 6]
Names and rank of the Field officers under whom he served.

[Column 7]
Age at present, and place of abode when he entered the service.

[Column 8]
Proof by which the declaration is supported.

I am, respectfully,
Your obedient servant,
JAMES 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 in 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               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.  [picture of a hand with finger pointing here] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.    A.B.

[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                     of the Court of               do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                  for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this     day of        &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note [j] points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k)  We, A.B., a Clergyman, residing in the              and C.D. residing in (the same) hereby certify, that we are well acquainted with               , who has subscribed and sworn to the above declaration; that we believe him to be        years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the             and that C.D., who has also signed the same is a resident in the           and is a credible person, and that their statement is entitled to credit.
I,          Clerk of the Court of            do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of          for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this      day of          &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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 in 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 drafter, 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 inquiry 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 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 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; [this entire phrase underlined]  otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For------
year--------months, and-------days, I served as a -------------.  For -----------months and ------
days, I served as a -----------; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant  served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

[f]  The law makes the relinquishment indispensable.

[g]  The opinion of the Court is always required.

[h]  The Clerk must give his certificate in every case.

[i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j]  In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his 
leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[picture of hand with finger pointing here]  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 in note [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.

[the paragraph [j] has large parentheses drawn around it with the following note handwritten at the bottom of the page about it]
name not on NH Roll--
doubtful whether served at all from names given to officers




A Return of the officers of thirty one Company of New Hampshire Militia in the Continental Army December 1775 by Col Burnham to the Committee of Safety Guard from Londonderry David Runnals Captain Joseph Gregg Lieutenant Daniel Miltimore 2d Lieutenant. In testimony of the foregoing I have hereunto affixed the Seal of said State
Josiah Stevens Jr.
Sec'y of State

[illegible seal affixed to the left of the above signature]aper