Revolutionary War Pension and Bounty Land Warrant Application File S. 11453, for Elijah Spencer, Connecticut
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Conn.
Spencer, Elijah
S 11453

carded
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New York 14666
Elijah Spencer
of Saratoga Co in the state of N. York
who was a private in the company commanded
by Captain Bernard of the *Regt commanded
by Col Newburg in the blank line for 
6 Mo. 21 days
*Conn Line (records completed May 1/05)

Inscribed on the roll of NY at the rate of 22 dollars 22 cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 8 day of June 1833 and sent to Maj Brown L Thompson, Ballston Spa

Arrears to the 4th of March 1833 $44.44
Semi-annual allowance ending 4 Sept 1833 $11.11
$55.55
{Revolutionary Claim Act June 7, 1832}

Recorded by F.F. Franciosi - Clerk
Book E Vol 4 Page 77
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Elijah spencer's
Pension Papers
May 24

25065

Admd
6 mo. 21 days Pri

To:
Brown & Thompson Agents
Ballston Spa, N.Y.
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SEAL

Declaration in order to obtain the benefit of the act of congress passed June 7, 1832

State of New York
County of Saratoga

On this ninth day of April one thousand eight hundred and thirty-three personally appeared in open court before the judges of the Court of Comon Pleas of the county of Saratoga now sitting, Elijah Spencer a resident of the town of Charlton in the county of Saratoga & state of New York aged seventy-eight years the thirteenth of October last 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 & served as herein stated:

That he was born in the town of Hartford in the county of Hartford in the state of Connecticut where he resided until he entered the service of the United States. That in the latter part of the month of July 1776 Colonel Roger Newburg's regiment of Militia to which he belonged was ordered by Governor Trumbull to march to New York. He belonged to a company of which Ebenezer Barnard was captain, Joseph Talcott Lieutenant and William Goos Ensign. He immediately left home and marched through New Haven, Fairfield, then Rochelle by New York by lands. On arriving at New York, he was immediately put on duty guarding the fortifications. He remembers that he stood guard at the door of Lord Sterling's family the day he was taken prisoner on Long Island in the latter part of August 1776. Soon after the American army left Long Island
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he with the regiment to which he belonged were ordered out of New York to Harlem Heights. A few days before the British crossed from Long Island to New York at Hellgate his regiment was ordered to march up the river. He crossed Kingsbridge & marched to west Chester County where he began doing duty (keeping guard principally) until his said discharge in the month of November. He was employed doing duly four months this time.

In the month of June or July 1777 he was drafted in Captain Ebenezer Barnard's company of militia for six months. He drew his arms & was put under the command of Captain Henshaw & was directed to hold himself in readiness to march on short notice. In the month of September following, he received orders from Captain Henshaw to march to Fishkill in the state of New York - he immediately left home & marched through Farmington to the commanding officer. His captain did not arrive until some days after. He did duty at Fishkill for some time & was ordered up to meet General Burgoyne - He has forgotten his Colonel's name, but Gen Putnam had command the greater part of the time. He marched up the river as far as Claverack. When there news was received that Burgoyne had surrendered & that the British Fleet had returned down the river to New York. He laid at Claverack a short time & was ordered back to Fishkill where he remained doing duty until he was discharged. He was engaged in this town for two months.

In the month of March 1778, he was drafted by
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Captain Barnard's again to guard some prisoners from Hartford to Norwich. He was engaged in the tour for 6 weeks.

In the month of September 1780, he belonged to a company of volunteers commanded by Captain Samuel Mattocks. His company was ordered out by Governor Trumbull to guard Gen Washington at Weathersfield's at a meeting between him & the French General Rochambeau. He was engaged in this tour for two weeks.

He has no documentary evidence of his service & knows of no person whose testimony he can procure who can testify to his service.

To the interrogatories propounded by the court the applicant made the following answers:

1. He was born in the town of Hartford, Hartford County Connecticut
2. He has a record of his age I his family bible at home
3. When he entered the service, he was living in the town of Hartford aforesaid - soon after the revolutionary war he left Hartford & settled in the year 1786 at Kinderhook in the county of Columbia NY where he resided till 1796 when he removed to the town of Charlton in the county of Saratoga NY. In 1798 he removed to Middlebury Vermont where he resided one year then removed to Vergennes & lived there two years & then returned to the town of Charlton Saratoga County NY where he has resided ever since & where he now resides.
4. By a general call of the militia the first time & all other times drafted.
5. When he was at New York Gen Washington commanded, Col Andrew wards regiment of Connecticut state troops. Col Mays regiment and Col Huntington's Regiment were there. The general circumstances of his service are above stated.
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6. He never received any discharge from the service
7. He refers to Samuel Belding Esq, Nathan S Hollister, Josiah Grant Esq, Rev John Clancey, Robert Pollock, Joseph Brown Esq.

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.

Elijah Spencer

Subscribed & sworn in open court this 9th day of April 1833.

A. Goodrich - Clerk

We John Clancey a clergyman residing in the town of Charlton in the county of Saratoga and Robert Pollock also residing in the town of Charlton in the same county hereby certify that we are well acquainted with Elijah Spencer who has subscribed and sworn to the above declaration, that we believe him to be seventy-eight years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.

Jno Clancey
Robert Pollock

Subscribed & sworn in open court the 9th day of April 1833 

A. Goodrich - Clerk

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 & served as he states. And the court further certifies that it appears to them that John Clancey who has signed the preceding certificate is a clergyman resident in the
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town of Charton in the county of Saratoga & that Robert Pollock who has also signed the same is a resident in the town of Charlton in the same county and is a credible person and that their statement is entitled to credit.

I Alpheus Goodrich Clerk of the Court of Common Pleas of the county of Saratoga do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Elijah Spencer for a pension - 

In testimony whereof I have hereunto set my hand and seal of office this 9th day of April 1833.

A. Goodrich - Clerk

SEAL
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No 25065
Elijah Spencer Saratoga County
New York

Adm'd

Brown & Thompson Ballston Spa New York
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War Department
Pension Office
183

Sir:

The evidence in support of your claim under the act of June 7, 1832, has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary 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 complying with this request greatly facilitate the investigation of your claim.

A Statement showing the service of Elijah Spencer Saratoga County New York

Period when the service was rendered:
1. Served July 1776
2. Drafted July 1777
3. Drafted May 1778
4. Ordered Sept 1780

Duration of the claimant's services in Years, Months and Days:
1. 4 mo.
2. 2 mo.
3. 7 days
4. 14 days

Rank of the Claimant:
Private all 4 times

Name and rank of the Field officers under whom he served:
Col Newburg, Capt. Bernard
Capt. Bernard General Peterson
Capt. Bernard 
Capt. Mattocks

Age at present and place of abode when he entered the service:
78 years
Count of Hartford Connecticut

Proof by which the declaration is supported:
Traditionary evidence & Clergyman's certificate, papers correctly attached

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 day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers: [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. A. B. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and 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, 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 it 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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3

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore. these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] The declarant must mention the period or periods of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: " Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis 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 mouths 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 au embodied corps called into service by competent authority that lie 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 his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. Mode of authenticating papers. In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. Proof of Service. [j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. The notes from [a] to [j] 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.
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In reply to your request of blank, received blank for a statement of the military history of Elijah spencer a soldier of the Revolutionary War you will find below the desired information as contained in his application for pension on file in this Bureau. S.F. 11453

Dates of Enlistment or Appointment
1. July 1776
2. June or July 177
3. Mch 1778
4. Sept 1780

Length of Service
1. 4 mos.
2. 2 mos.
3. 1 wk
4. 2 wks.

Rank
Private all 4 times

Officers under whom service was rendered
1. Capt. Ebenezer Barnard and Col Roger Newberry
2. Capt. Henshaw
3. Capt. Barnard
4. Capt. Saml Mattocks

State
Conn

Battles engaged in - blank
Residence of soldier at enlistment - Hartford, Conn
Date of application for pension - Apr 8, 1833 - His claim was allowed
Residence at date of application - Charleton, Saratoga County, NY
Age at date of application - B Oct 13, 1755 at Hartford Conn

Remarks: There is no data relative to family.

Respectfully

Commissioner
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Left Side Page

Rev War
11453
INVALID

File No 11,453
Elijah Spencer
Pri Rev War

Act June 7th, '32
Index: Vol A Page 554
[Arrangement of 1870.]

Right Side Page

1917 Nov 14 - History too Roger F Williams. F.W.
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Rev
B

DeKalb Junction NY
October 16, 1917

Commissioner of Pensions
Washington, D.C.

Dear Sir:

Please send me a military record and an family data of the following revolutionary pensioners as stated in this department: Elijah Spencer born in 1755 and a resident of Charlton, Saratoga, NY in 1840; Noah Spencer born in 1753 and a resident of Oswegatchie St. Lawrence Co NY in 1840; and Nathan Crary of Pierpont St Lawrence Co NY born in 1762 and a resident with Nathan Crary Jr. at that place in 1840. I sent to this office in August 1917 for a statement of the record of Catel Holmes of Pawling's Dutchess Co NY, Joseph Lobdell of Fairfield, Herkimer Co NY and Reuben Rundel Sr of Greenwich, Conn. all revolutionary pensioners. I would
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like the information very much and am willing to pay for it.

Very truly yours
Roger F Williams
DeKalb Junction
New York

US PENSION OFFICE STAMP - Oct 18, 1917