Revolutionary War Pension and Bounty Land Warrant Application File S. 1116, for David Stone, New Jersey
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Service              Number


New Jersey        Stone, David              S.1116





Contents                                carded
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New Jersey..... No 28368
David Stone
of Compton in the State of New Jersey who was a private in the County, commanded by Captain Shane of the Regt. commanded by Col ______ in the New Jersey line for 15 1/2 months
died 20 Nov 1833-
widow Elizabeth

Inscribed on the Roll of New Jersey at the rate of 51 dollars 66 cents per annum to commence on the 4th day of March, 1834.

Certificate of Pension issue the 17th day of May 1834 and
Hon. J Dickerson, H.R.

Arrears to the 20th of Nov 1833......10 og
Semi-annual allowance ending ......
140 og

Revolutionary Claim,
Act June 7, 1832

recorded by R, Burdine Clerk,
Book E, Vol.3, Page 132
Page 3

Bergen Common Pleas

State of New Jersey
Bergen County

On the 31st day of October 1832 Personally appeared before the judge in open Court now fitting being a Court of record so constituted by the laws of New Jersey David Stone age of seventy three years 21st of October (unknown word), David Stone a resident of the Township of Compton Bergen County and state of New Jersey, who being first sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7th June 1832. 

That he entered the service of the united states under the following named officers, and service is herein stated--that his first service was with Capt. (unclear name) at Woodbridge with the State of New Jersey was drafted and served half a month, then duly was to guard against the invaders of the British and refugee's- he next served one month under a Capt. from black river on the same duty--he cannot recollect the name of the Captain--he next served one month under Captain Ross in the year 1780 ay Elizabeth town in New Jersey at the time that the British army under Gen'l Knip (unknown word)- retreated from Springfield in New Jersey to Elizabeth town point-had a battle with the enemy at Elizabeth town--he then served one month under Capt. Freeman at Woodbridge--He then enlisted in the State Troops for one year and served faithfully the year out,-- as well as he can recollect it was in the year 1779-or 1780--but as to this he cannot speak with certainty--his company was commanded by Capt. Asher Randolph--had battles with the British (unknown word) a number of times--and he took from them beef cattle, sheep and fowles--at another time, at Elizabeth town Creek (?) he took
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I do hereby certify to the (unknown word) the (unknown word) at War and the Court of Pensions that I am well acquainted with Elijah Finton, (here in named) a Methodist clergy man, also Joseph Stone and Cathe Scott, who's affidavits are (unknown word) hereunto attached are persons of good standing, and credibility, and full credit may be given to their residences. 
31st of  January 1834--

Wm Colfax, a Judge of Petitions of Com. pleas, for Bergen County and Justice of Peace
(signature)
Page 5

a refugee boat with three prisoners, with two barrels of flour, twenty live sheep killed and shipped and a quantity of jewels--patrolled constantly from Woodbridge to Amboy and blazing starr opposite Staten Island--took two London trades  (unknown word)- called while in the year service an (unknown word) was formed--and went out under Capt Jno Stone from Brunswick with a whale boat and a (unknown word) Boat-(unknown word) Amboy to New York harbor on the (unknown word) side of Staten Island and took a (unknown word) at an anchor from England loaded with (several unknown words) was condemned as a prize and sold. 

I hereby relinquish every claim whatever to a pension or annuity, except the present, and declare that my name, is not on the pension role of any state--or the pension role of the agency of any state,
Abr. Westervelt
x his mark David Stone (signature)
--Interrogations by the Court

1-Where and  in what year was you born-
I was born at Woodbridge in the State f New Jersey the 21st day of October 1756 

2- Have you any record of your age, and if so where is it?
My age is recorded in my own bible in my own house

3- Where was you living when called into service-
Where have you lived since the revolution, and where do you now live-
I lived at Woodbridge N Jersey when called into service--continued till nineteen years-then moved to or near Ringwood Compton Township and have continued to live at the same place to this day.

4- How was you called into Service; was you drafted, did you volunteer, or was you a substitute and if a substitute, for whom--
I was drafted in the monthly service, the company, being called for that purpose. In the year service, I volunteered and enlisted freely for the year.
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5th- State the names of some of the officers who were with you when you served; second continental or militia regiments, you can recollect, and the general circumstances of your service.--

I don't recollect the names of any of the field officers of the regular troops for the militia or any regiment--all service by companies--the general circumstances of my service as stated in the (unknown) paper --I have nothing more particular to state--

6th- Did you ever receive a discharge from the service, and if so, by who, was it signed, and what has become of it--

I did not receive a discharge from the services at any time--

State the named of persons to whom you are known in your present neighborhood and who can testify , as to your character or to your veracity, and good behavior, your services as a soldier of the revolution--
Mr. Colface (unknown word) Board- Col, Nathan Board--Joseph Stone. Elijah Finton Methodist clergyman-and Judge Peregrine Sandford
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State of New Jersey

State of New Jersey
Bergen County

Personally appeared before me William Colfax one of the Judges of the Court of Common pleas for the County of Bergen in the state of New Jersey being a Court of (unknown word) for committed by the laws of the State of New Jersey. Elijah Finton a (unknown word) clergyman of the Methodist Society residing within the Township of Compton, near the residence of David Stone, do hereby certify that I am well acquainted with the said David Stone who has (unknown word) and sworn to the within declaration; that I believe him to be about seventy four years of age that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution--and the deponent for the (unknown word)_ that he said D. Stone is a man of good repute as to his honesty and integrity, and he believes, full credit may be given under oath. '
Sworn before me this 
31st day of October 1832
(signature)
Wm Colfax
(on the right are two signatures--looks like Elijah Finton and another that is hard to discern)

State of New Jersey
Bergen County
Bergen Common Pleas

On the 31st day of Oct 1832, personally before the Judges in open Court now (unknown word) a Court of (unknown word) by the Court of the State of New Jersey--Peregrine Sandford and William Colfax who being first sworn according to law doth on their oath declare that they have been acquainted with David Stone now applying for a pension for seventy years or more that he is reputed and believed to have been a soldier of the Revolution in this neighborhood he now lives--and that he is considered to be a man of seventy and (unknown word), and to be believed under oath.

Sworn, subscribed to in open Court, 31st October 1832
(signed)
Abr Westervelt
Peregrine Sandford
Wm Colfax
Page 8

and the Said Court do hereby certify, that it appears to them that Peregrine Sandford and William Colfax, Esquire who have signed the preceding certificate are residents in the County of Bergen, State of New Jersey, and are credible persons, and that their statement is entitled to credit

Per Curiam,
Abr. Westervelt
Page 9

State of New Jersey
Bergen County

Personally appeared before me William Colfax one of the judges of the court of common pleas for the county aforesaid, a (unknown word) of record for constitution by the laws of the state of New Jersey, Catharine Scott aged sixty eight years, who being first duly sworn doth upon her oath declare, that she lived in the house with David Stone during the war of the revolution at Woodbridge in the state of New Jersey. That the  (unknown word) David Stone did enlist in the Troops of New Jersey, and he did serve to the end of the year to the knowledge of the deponent when he was discharged at Woodbridge, to the best of her recollection. 
Remembers very well that during the year service of said David Stone that his company took a large row boat from the Enemy, with barrels of flour and sheep which, was brought to Woodbridge and sold as a prize.-

The deponent further say's that from her age and infirm (unknown word)--is not able to attend the Court of Hackensack, about thirty miles from the place of her residence. 

(signature with an x that says "her mark") Catharine Scott

Sworn to and subscribed
before me this 5th day of October 1832
(signature) Wm. Colfax

Personally appeared before me William Colfax one of the Judges of the court of common pleas for the County of Bergen and State of New Jersey, being a Court of record and constituted by the laws of N. Jersey--Joseph Stone, aged seventy-seven years last June, who being first duly sworn according to law doth on his oath declare that he has been well acquainted with David Stone from his childhood to the present day, that he has always been reported to be a solider of the Revolution--that the deponent went from his residence in Pompton Township, Woodbridge about fifty miles on a (unknown word)-that David Stone on that day returned home, and had got his discharge from the year for service-that he understood he had served his year out-- their way about the year '79 or 1780-cannot say with certainty as to the year--

Sworn and Subscribed
before me this 12th Oct 1832
(signature) Wm. Colfax

(on the right is a signature)
Joseph Stone
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State of New. Jersey, Bergen County Ss: I Abraham Westervelt Clerk of the County of Bergen, and clerk of the inferior court of Common pleas in and for said County Do hereby certify that William Colfax, Esquire before whom the written and foregoing affidavit, marked A.B. and C were subscribed and sworn to was on the respective dates thereof, and state is, one of the Judges of the said Court, commissioned and sworn, and duly authorized by law to administer oaths--and further that I am acquainted with the signature of the Said Judge and verily believe that the Signature "Wm Colfax"- subscribed to the (unknown word) of the said affidavit is genuine--
In testimony whereof I have hereunto set my hand and affixed the Sal of the said Court this 31st day of October A.D. 1832.
(signature)- Abr. Westervelt

And the said court do hereby declare their opinion , after the investigation of the matter and after putting the interrogations prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states--that his statement is entitled to credit. 

Per curium,
(signature) Abr. Westervelt

I Abraham Westervelt, Clerk of the inferior Court of common pleas of the county of Bergen in the State of New Jersey Do hereby certify that the foregoing contains the original proceedings of the said court in the matter of this application of David Stone for a pension.

In testimony where of I have herein to set my hand and affixed the Seal of the said court this 31st day of October A.D. 1832
(signature) Abr. Westervelt

(On the bottom right--)

New Jersey
Bergen County
David Stone
Application for a pension
military service
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State of New. Jersey, Bergen County Ss: I Abraham Westervelt Clerk of the County of Bergen, and clerk of the inferior court of Common pleas in and for said County Do hereby certify that William Colfax, Esquire before whom the written and foregoing affidavit, marked A.B. and C were subscribed and sworn to was on the respective dates thereof, and state is, one of the Judges of the said Court, commissioned and sworn, and duly authorized by law to administer oaths--and further that I am acquainted with the signature of the Said Judge and verily believe that the Signature "Wm Colfax"- subscribed to the (unknown word) of the said affidavit is genuine--
In testimony whereof I have hereunto set my hand and affixed the Sal of the said Court this 31st day of October A.D. 1832.
(signature)- Abr. Westervelt

And the said court do hereby declare their opinion , after the investigation of the matter and after putting the interrogations prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states--that his statement is entitled to credit.

Per curium,
(signature) Abr. Westervelt

I Abraham Westervelt, Clerk of the inferior Court of common pleas of the county of Bergen in the State of New Jersey Do hereby certify that the foregoing contains the original proceedings of the said court in the matter of this application of David Stone for a pension.

In testimony where of I have herein to set my hand and affixed the Seal of the said court this 31st day of October A.D. 1832
(signature) Abr. Westervelt

(On the bottom right--)

New Jersey
Bergen County
David Stone
Application for a pension
military service
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Bergen County Court of Com Pleas

State of New Jersey
Bergen County-Ss

On this 28th day of January 1834.-- personally appeared in open Court/being a court of record and before the Judges Christian Zabriskie and others, now sitting in and foresaid County of Bergen, Priney Miller, resident of the township of Pompton County aforesaid aged forty one years who being first duly sworn according to Law doth on her oath declare that she is one of the surviving children of David Stone dec who was a soldier of the Revolutionary War and who did make his application for a pension during his lifetime, dated in open court 31st October 1832. on account of services rendered in said war-that the said David Stone died on the 20th day of April 1833. that the deponent was personally present at the time of his death, and the deponent further saith that Elizabeth Stone/wife of James Stone/together with herself are the only surviving children of the said David Stone deceased.-
Sworn and subscribed to in open
Court this 28th January 1834
(signature)
Christian Zabriskie
(on the right, it says "her mark" with an x, and there is a signature for Priney Miller)

State of New Jersey
Bergen County- Ss; On the 28th day of January 1834.- personally appeared before Christian Zabriskie-- and other Judges of the Inferior Court of Common Pleas of the County of Bergen/being a court of record in open Court Elizabeth Stone, resident in the township of Pompton County aforesaid aged forty seven years, who being first duly sworn according to law doth on her oath declare that she is one of the surviving children of David Stone dec who was a solider of the Revolutionary War; and who did make his application for a pension during his lifetime in open Court dated 31st. October 1832. on account of services rendered in said war--
That the said David Stone departed this life on the 20th
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20th day of April 1833-that the deponent was personally present at the time of his death--and the deponent further saith that Priney Miller together with herself are the only surviving children of the said David Stone dec.
Sworn and subscribed to in open
court this 28th January 1834.
(signature)
Christian Zabriskie

(there is then a space on the right that says "x her mark" with the signature
Elizabeth Stone

State of New Jersey
Bergen County 
ss; On the 28th day of January 1834. before Christian Zabriskie and other Judges of the inferior court of common pleas of the County of Bergen/being a court of record/personally appeared in open court Samuel Miller resident in the township of Pompton County aforesaid aged twenty four years, and James Stone aged fifty two years resident in Pompton afi?- who being first duly sworn according yo Law do on their oath severally depose and say, that they have been well acquainted with Davis Stone dec from their youth to the day of his death, always living within a short distance of the said David Stone dec. 

That the said David Stone died on the 20th day of April 1833/ that the Deponents were at the House of the said David Stone, on the same day that he departed this life--and did attend at his funeral. 
Sworn, Subscribed to, in open
court on this 28th January 1834
(signature)
Christian Zabriskie

(signatures on the right)
Samuel Miller
James Stone
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State of New Jersey
County of Bergen Ss; I Abraham Westervelt Clerk of the County of Bergen and Clerk of the inferior Court of common pleas in and for the said County Do hereby certify that the foregoing annexed affidavit viz: of Priney Miller of Elizabeth Stone and of Samuel Miller and James Stone were taken and made in open Court now sitting, that Christian Zabriskie Esquire whose name is subscribed to the Jurats of the said affidavit is a Judge off the said court duly commissioned and sworn; and that his signature to said Jurat is genuine, In testimony whereof I have hereunto set my hand and affixed the Seal of said court in open Court, this 28th day of January A.D. 1834.

(signature)
Abr. Westervelt
Page 15

State of New Jersey
Bergen County Ss

I William Colfax a Justice of the peace and one of the Judges of the Court of Commons pleas for the County of Bergen in the State of New Jersey do hereby certify to the Honble the (unknown word) war and Com of Pensions that I have been well acquainted Elijah Finton a Methodist Clergyman Catharine Scott and Joseph Stone, who's affidavits are affixed with the original declaration of David Stone, (unknown word) applying for a pension under the law of Congress after 7th June 1834 for many years that they are person of good standing and credibility-that full faith may be placed on their testimony. 
(signature)
Wm Colfax

5th March 1834
Page 16

No. 20228 
David Stone dept Bergen County
New Jersey
Returned for 
[illegible] as purale 15-1/2
[illegible] $51.66 
Certificate to be found on
the name of Elizabeth
Stone and Priney Miller
only children of the decd
he died 20 Nov 1835
$140.09
32 mo. & 16 days
[Wm Colfax Pompton crossed out] New Jersey
[illegible] Ph Dickerson
H R
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WAR DEPARTMENT,
Pension Office,
5th June 1833
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 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.

A Statement, shewing the Service of David Stone Bergen County New Jersey

[headings]
Period when the service was rendered | Durations of the claimant's services | Years | Months | Days | Rank of the claimant | Names and Rank of the Company officers under whom he served | Names and Rank of the General 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

Drafted | 15 Days | Cap Shaw | Served at Wood Bridge New Jersey | 73 years Woodbridge New Jersey | traditionary evidence & living witnesses certified credible - clergyman certificate &c. papers not properly attached

1 month

1780 1 month | Cap Ross | Elizabeth Town | Elizabeth Town 
 
1 month | Cap Freeman | Wood Bridge

Enlisted 1779 }
or 1780 }  1 year | Cap Randolph

[total] 1. 3. 15 

The witnesses who testify to the service 
of the applicant have not been  certified to be 
credible. see note }:
Feb. 5, 1834
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 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] ged [blank] (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, 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 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.                      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 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. [blank] 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 applicacation [application] of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal 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 alleged service, as they are known at the Department. A very full account of the services of each person
Page 19

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.
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 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 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 sins 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 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 with 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 as the regiment, company, and line to which he belonged.  The magistrate who ay 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 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.
Page 20


INVALID.
Rev War
File No. 1116

David Stone,
Priv. N. J. Line

Act June 7. 1832
Index: -- Vol. a Page 356
[Arrangement of 1870.}