Revolutionary War Pension and Bounty Land Warrant Application File W. 5001, for John Hyatt, New York
Page 1

(3-1776)

SERVICE
New York

Hyatt, John
Rachel

NUMBER
W.5001
B.L.M 71,187-160-55

CONTENTS
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Typed document completed in handwriting

New York  No. 3,516

New York

Rachel Hyatt widow of John Hyatt NY who served in the Revolutionary war, as a Private

Canandaigua agency. 

Rate 8 Dollars --- cents per annum.
Commencing July 27th, 1868
Deduct payments made since

Certificate dated Dec. 20th, 1871 and sent to Pension Agent,
No atty.

Recorded on Roll of Pensioners und [the remainder of the document is torn away]
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Typed document completed in handwriting

To Albany from 4 March 1831,
notif’n sent to Hon T. Maxwell, Elmira. NY. 15 July 1851

32.875
New York [strikethrough] City [strikethrough] Albany
John Hyatt of Westchester Co in the State of New York who was a Private in the Compy commanded by Captain Purdy of the Regt commanded by Col -- in the Revolution line for 10 months

Inscribed on the Roll of New York at the rate of 33 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 23rd day of May 1851 and sent to T. Maxwell Esq Elmira N.Y.

Arrears to the 4th of ---
Semi-annual allowance ending ---

{Revolutionary Claim, Act June 7, 1832.}

Recorded by TR Weightman Clerk,
Book E.2. Vol. 4 Page 32
Page 4

280.913
Act March 3/55
Sept 5/57

Rachal Hyatt widow of John Hyatt, priv

Capt Purdy NY line
Col Drake

Revol Pensioner

Feby 53-3516
Rev:War
[?]:160acr Sept: 17/57
Boyton
spect 13.

Benj’n H Baldwin Present
Vol H2-178

Written over the document
71.187 Issued Sept 19th/57
Page 5

Tiaga County ss

Personally appeared before me the undersigned a Justice of the peace in & for the said County Alexander Ellis who being by me duly sworn did depose and say that for fourteen years he was an acting Justice of the Peace in the town of Burton county of Tiaga & State of Newyork and that on the 26th day of May 1829 he united in Marriage John F Hyatt & Rachel Lamberton & at the time of said marriage he made a record thereof. and that the very memorandum that he made is attached to this affidavit and that the above named John F Hyatt and Rachel Hyatt are the identical persons named in a declaration hereunto annexed made by the said Rachel in the county court of Tiaga County before Hon Charles P Avery
Alexander Ellis

Sworn & Subscribed this 11th day of Jany 1854
Peter Leutz
Justice of the peace

Be it Remembered that on the twentieth sixth day of May 1829 John F. Hyatt was united in Marage to Raechel Lambertson town of Barton By Alexander Ellis J.P.
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John Hyatt
Rev.
act June 1832

Th Maxwell atty
Elmira NY
Page 7

[?]
allow for 7 ½ mo fewer at 25 from 4 Mar. 31 -
Rich’d Ferris fame
Feb 2 1838
Th Maxwell

Pension Office
Thomas Maxwell, Esq
Present
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War Department,
Pension Office,
February 2, 1838

Sir,
The cases of Richard Ferris and Joshua Ferris have been re-examined. It appeared that they served in Captain Boyd’s company of Westchester militia from 1778 to the conclusion of the war with John Jones who was the Sergeant of that company from spring of 1776. Th difficulties of specifying the numerous short terms of which his service consisted induced the Department to make a liberal estimate of Jones’s service from the data furnished by his papers, and accordingly to allow him a pension. The same measure will be extended to his comrades if their certificates should be returned. The will, like him be required to refund the over payment.

I am, respectfully,
your obt. sert.
JL Edwards

20
 5
---
25

Thomas Maxwell, Esq
Present
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Typed document completed in handwriting

{Persons making application at the Comptroller’s, or Secretary of State’s Office, for searches, or certificates of service or any person in the army of the U.S. during the revolutionary war, should give the name and ranks held by such persons: the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.: in the regular army or militia: the names of the officers commanding the regiments and companies at the time of enlistment service and discharge, as near as can be given.  The names should be given with care, and in a legible hand:

In pursuance of a law passed the 27th of April 1784, entitled “An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned,” the following certificates have been issued, bearing interest at five percent per annum, viz:
7 column table
|--- |---|---| No. of Cert’e issued, |£ | ---| ---|
|1781 - June 6.| John Hyatt | Pri | 34776. | 0 | 5 |4|
|1780 - Nov 2 | John Hyatt | Pri | 43775. | 21 | 13 | 4|
|1781 - Nov 16 | John Hyatt | Pri | 43803. | 5 | 2 | 0 |
                                                                             ----------------
                                                                             |26 | 18 | 8 | 

STATE OF NEW-YORK
COMPTROLLER’S OFFICE, Albany, Jany 31, 1851}

as above
6 column table
|--- | under [strikethrough] Lieut | in --- | Col. |Regiment. |
| First ---| Alban Purdy | --- | Sam’l Drake | --- |
| Second | Alban Purdy | --- | Sam’l Drake | --- |
| Third | Alban Purdy | --- | Sam’l Drake | --- | 

I have examined the rolls for the above, and find £ 27.0.8 to be correct.}

awdy Examining Clerk. 
Phil Falk Comptroller.
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At a County Court held in & for the County of Chemung in the State of New York on the 14th day of February 1851

Present
Hon. AL. Thurston County Judge

State of New York
Chemung County ss}

Personally appeared in open court before the Judge aforesaid now sitting, (the same being a court of Record having a Clerk & Seal) John Hyatt of the town of Barton in the County of Tioga & State aforesaid aged Ninety years who being 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 7th 1832

That at the declaration of Independence in 1776 he was a lad about 16 years of age & was enrolled in the militia of Westchester county New York where he then resided & continued to reside during the whole of the Revolutionary war: that he was enrolled in [strikethrough] Capt Alvan Purdy’s [strikethrough] a company of militia in Col Samuel Drakes Regiment of Westchester County militia: the names of the officer in command of the company at the time of the enrolment he is not confident of but is of the impression that it was Capt Smith Heddy, who commanded it until some time in 1780 when he went onboard the ship Trumbull in the marine service of the United States and that Alvan Purdy was the Lieutenant & subsequently after Heddy left, became its captain - That the members of said company were required to act as scouts & patrols sometimes every other night, sometimes twice & oftener a week in defence of the Inhabitants who were in a state of agitation & excitement during the whole contest the British having possession of New York and a great many adherents of their cause resided
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in said County of Westchester - besides most of their supplies were procured through these friends in Westchester for the City of New York and a system of robbery constantly carried on, & if supplies could not otherwise be procured were taken by force by parties in the British Interest - Consequently the “minute men” and patrols were kept much in service - The deponent says that from 1776 to 1783 inclusive he was thus engaged as a minute man & frequently called out, by the entire company & sometimes the entire Regiment was called out to scour the county in search of tories & refugees or to recover plundered property taken from the Inhabitants. It is utterly impossible for him at this late period to detail the amount of sercice in each particular year. He well recollects that he performed more service in 1780 than any other one year: his general estimate has always been & now is that during the war he rendered an aggregate of 18 months service - Several years since he made an attempt to procure a pension but is of the impression that his agent Thomas Maxwell of Elmira N.Y. did not press the claim from the difficulty of procuring definite proof in relation to the time of his Service & was apprehensive that he could not them shew six months service, to bring him withing the act of 1832. The proofs then taken, he is informed by Mr. Maxwell were destroyed when his office was burnt at a fire which occurred in Elmire in 1841, & of the persons are all now dead. The deponent is confident that his service as a patrol & occasional calls to serve the country would average three months in each year -
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The year 1780 in consequence of an old treason and other important events required more service from the Militia than any other single year. He thinks more than double. The entire Regiment of Col Drake was called out several times that year from one to four or five weeks.

The details of the service of the militia were probably furnished by the officers of the Regiment or by Col. Drake to the authorities at albany under the act for settlement of their pay, but whatever certificates may have been issued in his favour, the receipts did not reach the deponents hands, and he has reason to believe that few of the militia or levies received their pay, though reports were in circulation that the officers received funds for them which never reached their hands -

Since the year 1842 he has been informed that some evidences of militia service have been discovered in Albany, and is informed that his name appears there as a private in Col. Drakes Regiment for the year 1780 & 1781 - He has therefore made the present application in consequence of having discovered evidences of his service which were not known to be in existence at the time of his former attempt to procure a pension - He had in his former papers the proofs of John Jones, Richard Ferris & Joshua Ferris who served in the same Regiment in Capt. Boyor’ company, but they did not in the opinion of his counsel shew conclusively as much service as he wished to prove & as the deponent rendered. Joes & the two Ferris’ were applicants at the same time with deponent and were place on the Pension Roll at $80 per
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years, were subsequently struck off the roll & afterwards replaced & allowed for 7 ½ month service at $25 per year. The deponent was in service from ‘76 to ’83: they as he recollects did not commence till 78. He refers to the affidavits & papers annexed for proofs of the discovery of the records in the comptrollers office at Albany which were not known to be in existence in 1832 and of the allowance to Mess. Ferris his fellow soldiers - 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.

The Court in compliance with the act of June 7 1832 have propounded the annexed questions to the deponent above names and his several answers thereto are appended.

1st Where and in what year were you born?
Answer At Crumpond in the county of Westchester State of New York (then colony) in the year 1760 as near as he can recollect on the 27th August

2nd Have you any record of your age? and if so where is it? 
Answer He had one in his father’s bible, but it was destroyed during the war - 

3rd Where were you living when called into service: where have you lived since the Revolutionary war and where do you now live?
Answer In the town oof Yorktown, county of Westchester NY where I lived until about forty year since when I removed to the County of Tioga NY where I now reside

4. How were you called into service: were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom?
Answer I was enrolled as above stated at about sixteen years of age in the militia of Westchester County
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in the Regiment commanded by Col Samuel Drake and rendered service as a minute man, patrol & as above stated

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 service - 
Answer Gen’l. Washington, Baron Steuben, Gen’l Poor, Gen’l Putnam, Gen’l McDougal & others - He was engaged in furnishing & carting forage for the French army near Pines Ridge of the continental regimental officers he recollects Col Greene --- & of the militia he’s own Col Drake, Col Van Cortland - He does not know any one now living who knows his service except Tho’s Strang of Westchester who is probably older than deponent & he could not conveniently get his testimony, if his memory still remains good, which is not probably - 

6. Did you even received a discharge from the service, by whom given & what has become of it?
Answer I never received a discharge - 

John Hyatt

Sworn & Subscribed before me in open court 14th February 14 1851}
Ariel S. Thurston
County Judge Chemung Co

Chemung County ss.

We Clark Hyatt of Nichols in the County of Tiago & State of New York and Thomas Maxwell of Southport in Chancery County NY hereby certify that we are well acquainted with John Hyatt who has subscribed & sworn to the above declaration; that we believe him to be ninety 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
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that opinion - 
Clark Hyatt
Th. Maxwell

Sworn & Subscribed the 14th Feby 1851}
Ariel S. Thurston
County Judge of Chemung Co

And the said Court do hereby declare their opinion after the Investigation of the matter, & 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 Clark Hyatt & Thomas Maxwell who have signed the preceding certificate are in the opinion of the court credible persons & that their statement is entitled to credit -
Ariel S. Thurston
County Judge Chemung Co

Chemung County ss.

Thomas Maxwell of said county being duly sworn says that about the fall of year 1832 he was employed by the above named John Hyatt to present his application for a pension under the act of June 1832 at the same time with the application of John Jones, Richard Ferris & Joshua Ferris all of whom served in Col Drakes Regiment in Westchester County Mess. Jones & Ferris were placed on the roll of Tioga County Ny at 80 dollars per annum: & subsequently stricken from the roll & afterwards replaces at the rate of 25 dollars per annum for 7 ½ months service - The deponent cannot recollect whether the application of John Hyatt was forwarded to the Department or not as his papers in reference to that & other cases were destroyed by fire in 1841: but his impression is that not being able to shew over six months service, at the time, he
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suspended the presentation of the case until he could produce further proofs. He well recollects that Mess’rs Ferris & John Jones testified to his service, but that they could [strikethrough] not [strikethrough] only speak of the time in which they were engaged in like service, which deponent thinks was from 1778 to ’83 and that Hyatt claimed to have been acting as a minute man, two years before they were - The persons above named served in the same Regiment but in another company Capt Boyds and they are all now dead - In the winter of 1842 the deponent was in albany from about the 1st January to the middle of April & was instrumental in discovering a large quantity of revolutionary papers which had escaped notice in the old state house and an act was passed directing them to be arranged & entered in proper books. He was not aware & it did not appear from precious searches that such evidence existed since the renewed application of Mr Hyatt he has procured from the Comptroller’s office the annexed certificate of Service of John Hyatt; and hereto appends a letter from Mr Edwards in reference to the cases of Ferris & Jones, which were all of like character The act for arranging & indexing these papers will be formed in a clause of the supply bill passed by the Legislature of New York in 1842 - 
Th Maxwell

Sworn in open court Febry 14, 1851}
Ariel S. Thurston
County Judge Chancery Co -

State of New York
Chemung County
Clerks office} ss

I, AF Babcock Clerk of said Court do hereby certify that the foregoing are the original proceedings of the said Court in the matter of the application of John Hyatt
Page 17

for a pension. In testimony whereof I have hereto set my hand and affixed the seal of the said Court the fourteenth day of February 1851 - 
A. F. Babcok Clerk of Chemung County

There is an attached seal.
Page 18

State of New York
County of Tioga} ss:

On this fifteenth day of December in the year of our Lord one thousand eight hundred & fifty three personally appeared before the County Court of the County of Tioga, the Hon Charles P. Avery (being the Judge of said court) presiding Rachel Hyatt a resident of the town of Barton in the said county of Tioga aged fifty one years, who being duly sworn according to law doth on her oath, make the following declaration in order to obtain the benefit of the provisions made by the acts of Congress passed on the 2nd [strikethrough] 29th [strikethrough] day of [strikethrough] July [strikethrough] February A.D. 1848 & 3rd day of February A.D. 1853: That she is the widow of John Hyatt who was a revolutionary Pensioner of the United States whose pension certificate bearing date the 23rd day of May A.D. 1851 is hereto attached. That the said John Hyatt is the identical Pensioner named in said Pension certificate

She further declares that she was married to the said John Hyatt on the twenty sixth day of May in the year one thousand eight hundred & twenty nine: That her husband the aforesaid John Hyatt died on the twenty fourth day of April in the year one thousand eight hundred & fifty three; That she was not married to him prior to his leaving the service, but the marriage took place at the time above stated she further swears that she is now the widow
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of the said John Hyatt, she never having been married since the death of the said John Hyatt and that she has never before made any application for a Pension
Rachel X Hyatt

Sworn to & subscribed on the day & year first above written}
(The [?] “29th” [?] & “2nd” interlined & the word “February” interlined in place of “July” before the Execution of this declaration)
Charles P. Avery
County Judge of Tioga County

In Presence of 
A. Munger of Owego Tioga Cty
Stephen A Jarvis of Barton tioga Co
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31206
John Hyatt

Ex notes of Capt Boyd & Capt Howgate & [?] of Capt Purdy

Hon A. Ward
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Typed document completed in handwriting

WAR DEPARTMENT,
Pension Office,

June 4 1834

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 regulation 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 braces (this: }). You will, when you return your papers to this Department, send this printed letter with them: and you will, by compiling with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of John Hyatt
8 column table
|Period when the service was rendered. | Duration of the claimant’s service. Years. | Duration of the claimant’s service. Months | Duration of the claimant’s service. Days. | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present and place of abode when he entered the service. | Proof by which the declaration is supported. |

|Apl or May 79 | X | --- | X | Sargt. | Capt Purdy Col Drake | 69 in 1834 | Traditionary & 2 witnesses |
| Nov 81 | * | 4 | --- | Troop. | Capt Honeywell | Yorktown N.Y. | --- |
| 1781 | --- | 6 | X | Capt Boyd | --- | --- | --- |

1 Sa Vol 7 p 16
3 Sa Vol 7 p 71

X 2/3 of the time to spring of the year ‘87
* aggregate of service four months - 

I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS, 
Commissioner of Pensions.

By the Militia laws persons under 16 years old were not enrolled & the claimant alleges that he was enrolled in his 14th year.
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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 brand 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 might, 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, mucicians 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. The 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 severed 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 applications, 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
Page 23

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 in to 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 or 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 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 precis 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. The form of 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, then ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

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

The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 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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Typed document completed in handwriting

280.913

Bounty Land Claim.

Act of March 3, 1855.

Claim for --- Acres.

Service in the State of ---
War of ---

BENJ. H. BALDWIN.
Attorney for Claimant,
WASHINGTON, D.C.

(10) “That they know that she has never married since the death of the said --- her deceased husband, but is now his widow
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Typed document completed in handwriting.

Declaration for surviving Officer, Soldier, Seaman, Marine, Naval Clerk, Landsman, Teamster, or Chaplain, under the Act of March 3, 1855, (and can be used for Widows who have once applied, or who now draw pensions.)

State of New York
County of Tioga} ss.

On this 11 day of August A.D. 1857 personally appeared before me, a Justice of the Peace, within and for the County and State aforesaid, Rachel Hyatt aged, 55 years, a resident of Barton, Tioga County in the State of New York who being duly sworn according to law, declares that she is the identical (1)person named Rachel Hyatt who is the widow of John Hyatt deceased who died at Barton County of Tioga, & State of New York in April 1853 who was a private in the Company commanded by Captain Purdy in the --- Regiment of --- commanded by Col. Drake in the war [strikethrough] with [strikethrough] of the Revolution that he (2) entered the service at --- IN THE STATE OF --- on or about the --- day of --- A.D. 18--- for the term of --- and continued in actual service in said war for a period of fourteen days, and was honorably discharged at --- about the ---day of --- A.D. 18---. And claimant further declares that she has never received any bounty land under any Act of Congress, or made any application therefor, except (3) this application that the claimant (4) has never received a warrant for (5) any no of acres, of (6) Land for the above service, under the Act of Sept. 28, 1850. (7) or any other act She makes this declaration for the purpose of obtaining the (8) 160 acres of bounty land to which She is entitled under the Act approved March third, 1855, and hereby revoking all former powers of attorney, constitutes Benj. H. Baldwin, of Washington, D.C., attorney in the premises, with full authority to obtain from public offices or private individuals at Washington City or elsewhere, certified or sworn copies of all muster rolls, company books, army or navy records, or any other description of record evidence necessary to establish said service as fully as she could do if personally present, (9) for proof of her Marriage & Service of her said husband she refers to her pension papers on file upon which She now receives a Pension under the act of February 3rd 1853.

(Signature of the claimant) X her mark, Rachel Hyatt L.S.

We Silas Fordham and Charles Manning Residents of Barton Tioga County in the State of New York upon our oaths declare that the foregoing declaration was signed and acknowledged by the said Rachael Hyatt in our presence, and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents [strikethrough] him [strikethrough] herself to be (10) and that we know she has never married, since the death of the said John Hyatt her deceased husband, but is now his widow.
{Signatures of witnesses} 
Silas Fordham
Ch. Manning

The foregoing declaration and affidavit was sworn to and subscribed before me on the day and year first above written, and I certify that I know the affiants to be credible persons, that the claimant is the person she represents [strikethrough] him [strikethrough] herself to be and that I have no interest in this claim.
Tho. Yates Justice Peace.
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Typed document completed in handwriting

State of New York
County of Tioga } to-wit:

I hereby certify that Thomas Yates Esq., before whom the foregoing declaration and affidavit was made, and who has thereunto subscribed his name, was at the time of so doing a Justice of the Peace in and for said County, duly commissioned and sworn, and that his signature thereto is genuine.

In witness whereof, I have hereunto signed my name and affixed the seal of the County Court for the County aforesaid, this 18 day of August A.D. 1857
Le. W Kingman Clerk

INSTRUCTIONS.
If the claimant is a widow, AND HAS RECEIVED BOUNTY LAND or a PENSION, then insert at fig.

(1.) (Widow’s name) “who is the widow” of ---, deceased, who died at --- in the State of ---, in the year --- and “.

(2.) “was drafted,” or “enlisted,” or “volunteered’” or “shipped.”

(3.) If FIRST application, insert “this, and “: if claim has been rejected, insert “an application under act of 1850, (or 1847,) which was rejected.”

(4.) “has” or “never has”.

(5.) IF NO WARRANT HAS BEEN RECEIVED, insert “any number or”.

(6.) If the number of the Warrant is not known, I can obtain it here; if no Warrant has been received, insert “of land.” 

(7.) If a Warrant has been received, insert “which he has sold;” if not, say, “or any other act.”

(8.) “additional” if one Warrant has been received, or add the number of acres claimed.

(9.) “that she is now the widow of ---, deceased, and has never married since his death, and for proof of his death, and her marriage, she refers to her papers now on file.”

(10.) “that they know she has never married since the death of the said ---, her deceased husband, but is now his widow.”
Page 27

Under the Act of March 3, 1855 each of the surviving commissioned and non-commissioned Officers, Chaplains, Musicians and Privates, whether of regulars, volunteers, rangers, militia or teamsters, who were regularly mustered in to the service of the United States, and every Officer, Seaman, Ordinary Seaman, Marine, Clerk and Landsman of the Navy in any t the wars in which this country has been engaged since 1796, and each of the survivors of the Militia, Volunteers or State Troops of any State or Territory, called into military service and regularly mustered therein, and whose services has been paid by the United States are entitled to one hundred and sixty acres of land, provided the period of service amounted to fourteen days or more, or they shall have actually been engaged in battle.  Officers and Soldiers of the Revolutionary War, those who served at the invasion of Plattsburgh, in September, 1814, at the attack on Lewistown, Delaware, in the war of 1812, or in the battle of Nickojack against the confederated Indians of the South, are entitled to benefits of the Act; and Indians are entitled in the same manner and to the same extent as white men.

If the person having been in service is dead, Bounty Land is due his widow or minor children. The second marriage of a widow is no bar to her claim, if she is a widow at the time of her application. Those are considered minors who were so at the date of the Act.

No Land Warrant can be issued under this Act, unless the service of the soldier can be proved by record evidence.

All Officers or Soldiers who have received a Land Warrant, or Land Warrants, for less than one hundred and sixty acres under any Act of Congress, are entitled, under the Act of March 3rd, 1855, to additional Bounty Land, sufficient to make the aggregate of 160 acres, provided their service can be proved by record evidence.

Widows and minor children who have received less than 160 acres of Land, are entitled to additional Bounty Land, provided the widow is a widow at the time of her application, and the children are minors at the date of the date of the Act, and provided the service of the soldier can be proved by record evidence. This evidence I will undertake to obtain.
Page 28

Typed document completed in handwriting

Revy WIDOW, &c.

File No. 5009
Rachael Hyatt
Wid.
John Hyatt
Pvt. Rev:War

Act: Feby 2rd/53
Index: - Vol. A, Page 362

[Arrangement of 1870.]

[?] - Hist to G. Bender Kansas City MO
Dec, 15-1902 Ann. E. Stewart
Athens 

Feby. 24, 1903 Mr. Irving K. Park Mrs Ruth M.G. Athens Puma
Page 29

Typed documents completed in handwriting

3.376
New York Albany

Rachael Hyatt widow of John who served in the Revolutionary war, as a private

Inscribed on the Roll at the rate of 33 Dollars 33 Cents per annum, to commence on the 3d February, 1853.

Certificate of Pension issued 30th day of Jany /54 and sent to A. Munger Owego Tioga Co, N.Y.

Recorded on Roll of Pensioners under act February 3, 1853, Page 76 Vol. A
Page 30

71.187

160 Acres
Page 31

New York

Revo.y.
John Hyatt

Suspended
Let to Hon A. Ward June 25. 1834
Let to same 16, Jany 1836

Act 7 June ‘32
Page 32

Revo
Act 7th June 1832

John Hyatt
Suspended

Letter to Thos. Maxwell Esq Elmira N.Y.

IS 20th Aug’s 1834
Page 33

280.913

Hon. Geo C Whitney
Com’r of Pensions
Washington DC

There are 2 stamps:
FREE

TIOGA [?]
Page 34

280.913

Hon. Geo C Whitney
Com’r of Pensions
Washington DC

There are 2 stamps:
FREE

TIOGA [?]
Page 35

Typed document completed in handwriting

Rev War

Character of pending claim, Widow

Claimant, Rachel Hyatt

Soldier, ---

20Act Feb 3, 1853

Pensioner now on Rolls New York

Certificate No. 3.516 C. anandayna

Agency at which last paid, ---

Cause of termination, Inc

Date of termination, Last Paid
WE Trask
Examiner, 
Room No. ---

Last paid to Sept 4 71 as shown by the Records of Finance Division, complete up to ---
Paye
Clerk.

Forwarded to F.D., Dec 8 1871
Returned to Ex’r, 12.13.71
Page 36

Mch 4, 1834
Barton Tioga Co N.Y. - 69

Aug 1780 Westchester Co NY
Capt Alvin Purdy
Col Sam’l Drake

4 mo in 82
9 mo in 81
8 mo in 82
2 mo in 83

No Bat

Married Rachael Lambertson
May 26, 1829
Died Apl 24. 1853
Page 37

Pension Office
Jan 21/54

Sir

Please report time of last payment to or death of within named pensioners

Respectfully
F Burt Esqr
J. Cole Ch Clerk

Save Present.

John Hyatt, Act 1832 $33.33 per annum. Paid to 4 March 1853 No death
F Burt
Auditor
Page 38

Hon. J. E. Heath
Com’r Pensions
Washington D

Act of June 7 1832

Feb 20th 1851
Dec’d of John Hyatt
Thomas Maxwell
Elmira
Feby 18/51

There is a stamp, but it is illegible.
Page 39

Owego Tioga Co. New York

January 17, 1854

To the Commisioner of Pensions

Enclosed I send papers of Rachel Hyatt for Pension as widow of John Hyatt. - When Declaration was [strikethrough] not [strikethrough] drawn I had not seen your last instructions & form - But I hope this will answer - 

I would much obliged if you would send me some Instructions & Blanks - 

Yours Respectfully
A. Munger
Page 40

Typed document completed in handwriting

Rachel Hyatt

Payment to be made at Albany by The Agent for paying Pensioners, in the Agency of New York Payable on the 4th September and 4th March

Recorded in the Pension Office on the Roll of Pensioners under act February 3d, 1853, Page 76. Vol. A

H.R. Weightman Clerk.
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DEPARTMENT OF THE INTERIOR.
WIDOW’S PENSION.

I certify that in conformity with the 2d section of the act of February 3, 1853, Rachel Hyatt widow of John Hyatt who was a Private in the revolutionary war, is inscribed on the pension list at the rate of Thirty-three dollars and thirty-three cents per annum, commencing on the 3d of February, 1853, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.

Given at the Department of the Interior, this thirtieth day of January one thousand eight hundred and fifty-four

R McClellan
Secretary of the Interior.

Examined and Countersigned.
L.P. Waldo
Commissioner of Pensions

Barton #1827 in full
[?] in Ulyssus Tompkins Co NY

1866
1827
-------
   39
Page 42

Typed document completed in handwriting

WAR of the Revolution
2d Sec. Feb 3. 1853.
ACT OF JULY 27, 1868.

CLAIM FOR INCREASE OF WIDOW’S PENSION.

Supplemental to case in which certificate No. 3, 516 was issued January 30, 1854.

BRIEF in the case of Rachel Hyatt, Widow of John Hyatt, who was a private in the Revolutionary War.
Resident of Tioga County, and State of New York. Post Office address Factoryville.

DECLARATION AND INDENTIFICATION IN DUE FORM Dec 7. 1871
PROOF EXHIBITED.

A Pension on the Rolls of New York as $33.33 per Annum. Certificate Surrendered.
Paid to September 4. 1871 Claim Increase of pension, under Sec 13th Act July 27, 1868. Identity and continued widowhood shown.

Agent and his P.O. address
Claimant.
Factoryville, Tioga Co. New York. 2d Sec Feb 3, 1853

Issue certificate for Eight dollars per month, under acts of [strikethrough] June 3, 1858, [strikethrough] and 13th Sec July 27, 1868, commencing July 27, 1868, deducting [strikethrough] former [strikethrough] payments since
Wm. E. Trask, Examiner

Passed Dec 8th, 1871.

APPROVED: [?]
Page 43

Elmira July 12, 1834

Sir

I return the case of John Hyatt with an explanatory aff’t He has made in his declaration precisely such an estimate as was made by Joshua Ferris John Jones & Rich’d Ferris who were allowed pensions under the same act & who served in the same Reg’t. (Col. Drake’s): it is called Col. Thomas in the annexed letter by mistake I suppose. The affts of Jones & Ferris confirm Hyatt’s Statement as to time. They are very intelligent men and two of them have held important civil stations in this county for many years and their veracity is unimpeachable.

Hyatt has given the only estimate in his power & (illegible) he arrives at the [?]: that his calls were very frequent & generally for a few days at a time to detail every excursion of 2 or 3 days continuous after a lapse of more than 50 years in more than he can pretend to do, or any other man unless he kept a journal or has an uncommon memory.

He thinks it singular that he should be required to go more into particulars than Ferris, Jones & Rich’d Ferris his fellow soldiers - He therefore submits this case to your Judgement. I believe this is the las of my cases. I hope it will be satisfactory.
Very Respectfully
Yr obt. Servt
Th Maxwell

Hon. J. L. Edwards.
Page 44

War Department
Pension Office
May 6, 1834

Sir

The papers relating to the claim of John Hyatt have been examined and are herewith returned. It is objected that the tours in this case, set forth by the claimant, are too long; Col Thomas regiment was composed of militia and although subject to be called out at a moments warning, yet were only occasionally in actual service. The claimant should in a supplemental affidavit specify the duration of each term of actual service, and the place or places where each tour was performed &c. The papers are herewith enclosed

I am Respectfully
Your ob’t sev’t
JL Edwards
Page 45

NY July 19

Elmira Ny
July 14}

Free

J.L Edwards Esq
Com’r. of Pensions
Washington D.C.

Revolutionary Claim
amended}
Page 46

Typed document completed in handwriting

John Hyatt $33.33

Payment to be made at New York City by P. A. Irving Esq Agent for paying pensioners, in the Agency of New York transferred to Albany agency July 22 1858

Recorded in the Pension Office, in Book E.2. Vol. 4. Pages 31 by
V.R. Weightman Clerk.
Page 47

Typed document completed in handwriting

DEPARTMENT OF THE INTERIOR.
REVOLUTIONARY CLAIM.

I certify that in conformity with the law of the United States of the 7th June, 1832, John Hyatt of New York who was a private in the Revolution is entitled to receive thirty three dollars and thirty three cents per annum, during his natural life, commencing on the 4th of March, 1832, and payable semi=annually on the 4th of March and 4th of September, in every year.

Given at the Department of the Interior, this twenty third day of May one thousand eight hundred and fifty one
Alex H H Stuart
Secretary of the Interior.

Examined and Countersigned.}

JE Heath
Commissioner of Pensions
Page 48

ovr widow
File 5,001

Rachel wid John Hyatt aty B516

File

File

There is a stamp
PENSION
B
U. JAN 17 S.
1853
OFFICE
Page 49

Typed document completed in handwriting

(PENSIONER DROPPED.)

U.S. Pension Agency

---, 18 --.

Hon, W.W. Dudley
Commissioner of Pensions.

Sir:

I hereby report that the name of Rachel Hyatt, widow of John who was a pensioner on the rolls of this Agency under Certificate No. 3516, and who was last paid at $8.00 to September, 1879, has been dropped, because of Statute limitation.
(Act of Feby 3rd 1853 2nd Section

Very respectfully.
S. Poole
Pension Agent

Every name dropped to be thus reported at once.

There is a stamp
U.S. PENSION AGENCY
JAN 
15
1853
SYRACUS N.Y.
Page 50

John Hyatt
N.Y.
Act 7 June 1832
Aa 10 [?] Per $33.33/3
per annum from 4 Mch 1832

Free

[?] to T. Maxard
Elmira N.Y.
Page 51

Typed document completed in handwriting

Brief in the case of Rachel Hyatt widow of John Tioga County and State of New York
act of February 3 1853

Claim, (“original,” or “for increase.”)

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband a pensioner under act of 1832 at $33.33/100 per annum

Allowed $33.33/100 per annum to [?] Feb 3/53

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Marriage proved by certificate of clergyman
Death of pension proved by credible two witnesses
Identity & widowhood proved by cr. witness

Examining Clerk,
J L Gray

Name and residence of Agent
A. Munger
Oswego Tioga Co N. York