Revolutionary War Pension and Bounty Land Warrant Application File S. 17,109, for John Smith, New York
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SERVICE
New York

Smith, John.

NUMBER
S.17.109

carded

CONTENTS
born in Goshen, Orange Co. N.Y. in 1760.
Res at enl. Goshen
Southport Tioga Co N. Y. in 1834
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New York No. 24,925

John Smith
Tioga Co. in the State of N. York as a Private in the (blank) commanded by Captain (blank) of the Regt. commanded by Col. Hathorn in the N.Y. Troops for 17 months


Inscribed on the Roll of New York at the rate of 56 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 20th day of March 1834 and sent to James Robinson  Elmira, N.Y.

Arrears to the 4th of March 1834          $169.98
Semi-anl allowance ending Sep. "             28.33

                                                               $188.31

{Revolutionary Claim,}
{Act June 7, 1832.     }

Recorded by D, Brown   Clerk,
Book  E  Vol. 4  Page 123
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John Smith 29.021
Declaration
Care of J. Robinson
Elmira
New York
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State of New York }
Tioga County  ss   }  On this 10th day of January 1834 personally appeared before the subscribed a Justice of the Peace in and for said County John Smith of the Town of Southport in said County a Revolutionary Soldier who himself duly sworn according to Law deposeth and saith that being required by the Pension department to make a more specific statement of his Revolutionary services than he has in his original declaration which is hereto annexed he proceeds to give in detail such additional facts as are within his recollection and first; he declares that between the first of April and the twenty fifth of December in the year 1777 he served six months and seven days as a private as follows, to wit; that he volunteered in the said service in a company of Militia at Florida in the County of Orange in the State of New York under the command of Captain Nathaniel Elmer in the Regiment commanded by Col. John Hathorn; but for the most of the time during the campaign of '77 he was under the command of Lieutenant John Wood of the same company and Regiment.  
That he was classed with Timothy Smith and Isaac Smith, who are both deceased, to perform a tour of two weeks each and then to be relieved for the same length of time.  That under this arrangement he was bound to military service until a few days before Christmas.
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in the year aforesaid.  That he served the time allotted to this deponent no said classification which was one third of the time; that during the same period aforesaid he served as a substitute for the said Isaac Smith the whole proposition  which by the classification the said Isaac was bound to perform which made another third of the time and he  this deponent during this campaign served one tour of two weeks as a substitute for Isaac Horton.  That during the period aforesaid he this deponent was station on Garrison duty at Ramipo (Ramapo) and at Fort Montgomery. At this latter place the troops with this deponent were employed in repairing and strengthening the Fort previous to its being taken by the Enemy.  He was also stationed with other Troops on Garrison duty at Sovereign's in Orange County and at Peen Pack in Ulster County and while mentioned at all the before mentioned places he was occasionally detached with others on guard and (illegible).
And he further declares that in the spring f the new year (1778) he was again call'd out and entered the service under the command of Capt. Bailey or Capt. Sayre he cannot particularly say which in the same Regiment of Col. Hathorn aforesaid and under the same classification of the year previous that during this campaign he served
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his own proportion of time and as a substitute for Isaac Smith the same proportion and as a substitute for Isaac Jennings on one tour of two weeks.
This deponent cannot pretend to give the exact day of the beginning or end of this campaign but is certain that his service was performed between the first day of March and the first day of November in the year last aforesaid and that during the said period he was out on duty and under orders not less than five months and twenty four days.  That during the period last aforesaid he was stationed on Garrison duty some part of the time at West Point and also in labor upon the Fort.  He was also during the remainder of this campaign stationed at Sovereigns and Ramipo (Ramapo) on the same kind of duty at which an efficient force was necessary to prevent the encroachment of the Indians and tories.
And he further declares that in the spring of the next year (1779) he again entered the service as a volunteer under the same officers as last aforesaid and continued in the service without intermission till sometime in the month of September following that he cannot give the precise day of entering or of leaving the service in this campaign and that the nearest he can arrive at it is to say that from the first of April to the first of October in the year last aforesaid he was in actual service
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on garrison duty and in marching from place to place not less than five months.  That during this campaign he was stationed a part of the time at Matimos Deckers on the Delaware River in Orange County and at Major Dickerson's in said County and at Daniel Van Auken's on the Minisink River in the County of Orange aforesaid all of which were fortified and garrison ports the latter of which during this campaign was attacked by a body of Indians supposed to be three hundred and successfully defended itself.
And the deponent further declares that in the spring of 1781 and according to the best of his recollection he would say the first of April of that year he entered the service as a volunteer in the company of Captain Abraham Westfall (there is a clerical mistake in the Christian name of this officer in the original declaration of this deponent) Major Thomas Dewitt in Col. (illegible) Regiment then stationed on the Minisink River in Orange County aforesaid where we remained but a short time were then march'd to a Port known at that time by the name of the widow Van Estus where we were stationed on garrison duty for some months. We were then march'd to Captain Westfalls residence where we remained some weeks and were then march'd back to the Minisink River.  And this deponent says that he continued in actual
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service in this campaign without any intermission for the term of eight months and was discharged in the forepart of the month of December in the year last aforesaid - and that in all his services set forth in this amended Declaration he served as a Private.
John Smith

Sworn & Subscribed
this 10th day  of
January 1834
before me
Wm. Dunn  J. P.

State of New York  }
Tioga County   ss.  }  I the  Justice aforesaid do hereby certify that I have been acquainted with John Smith who has subscribed and sworn to the above declaration since my earliest recollection and that he is a highly reputable citizen and credible witness.
Wm. Dunn J. P.
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State of New York   }
Tioga County  ss    }   I Green M Tuthill Clerk of the said County do hereby certify that William Dunn Esquire before whom the foregoing declaration was sworn and subscribed was at the date thereof one of the Justices of the Peace in and for said County that I am well acquainted with his hand writing and know his signature subscribed to the said declaration to be genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 10th day of January 1834
Green M. Tuthill
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At a court of Common Pleas held at the courthouse in the village of Elmira in and for the county of Tioga in the State of New York the same being a court of record because it is so disclosed by the constitution and laws of the said state and having a seal and clerk commencing on the first Tuesday in September 1832.
Present  Hon. Grant B Baldwin First Judge
Hon. Darius Bently   }
Elijah Shoemaker     }     Esqrs. Judges
John R. Drake          }    


State of New York  }
Tioga County    ss }    Personally appeared in the said court before the Judges thereof now sitting as aforesaid on the fourth day of September 1832 John Smith resident of the town of Southport in the said county of Tioga aged seventy one years and upward who first being duly sworn according to law doth o his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.  That he entered the service of the United States under the following named officers and served as herein after stated, that in the month of April 1777 he volunteered in the service in a company of Militia at Florida in the county of Orange in the State of New York under the command of Capt. Nathaniel Elmer in a regiment commanded by  Col. John Hathorn, that he was the principal part of the time during which he served in said years under the command of Lieutenant John Wood of said company under the officer aforesaid.  That he was classed with Timothy Smith and Isaac Smith (who are both dead) to perform a tour of two weeks each and then to be relieved for the same length of time.  That he was bound to
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military service from a bout the first of April 1777 until a few days previous to Christmas in the same year.  The precise day he cannot recollect.  That he served as herein after mentioned but he cannot recollect the exact date or times when he entered and left the service in said season.  That he served the time allotted to this deportment in said classification which was on third of the whole time for the period aforesaid.  That he also served the whole time allotted to said Isaac Smith in said classification as substitute for said Isaac Smith which was also one third of the whole time for the aforesaid period.  That in said time he also served as substitute for Isaac Horton an inhabitant of the county of Orange and liable to do military duty one term being two weeks making in the whole according to the best recollection and belief of this deponent not less than six month actual service rendered by this deponent to the United States during the aforesaid period.  That this deponent was during the aforesaid service of Ramapo at Fort Montgomery at Sovereigns then in the county of Orange state aforesaid and aided in building fort Montgomery.  That he was also during some part of the time stationed at Peen Pack in the county of Ulster.
That in March 1778 he was again called out and entered the service under the command of Capt. Bailey or Capt. Sayer (but which of the two he cannot distinctly recollect) in Col. John Hathorn Regiment under the same classification that he was the year previous and classed with the same persons, that he was bound to military service from about the first of March 1778 until the first of November in
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said year and served as follows:  that he served the term allotted to this deponent and the time allotted to the said Isaac Smith as substitute for the said Isaac Smith in said Classification which taken together was two thirds of the whole time during said period last mentioned and that he also served in said time one term of two weeks for Isaac Jennings as substitute for the said Isaac who was in inhabitant of the county of Orange liable to do military duty making in the who according to the best recollection and belief of this deponent not less than five months and twenty five days actual service rendered by this deponent to be United States during the aforesaid period.
That he was during some part of the said time stationed at West Point and aided in building a fort at that place and the residence of said time he was stationed at (illegible) and at Ramipo (Ramapo).

That about the first of April in the year 1779 he again entered the service as a volunteer in the Militia under the same officers as last aforesaid and continued in the service under said officers until some time in the month of September in the same year.  That he was in that term of service first stationed at Matimas Draker's on the Delaware river in Orange County and at Major Dickerson in said county and at Daniel Van Oker's on Minnisink river in said county.  That he was engaged in no particular service except the ordinary duty of standing century (sentry) and undergoing the usual and ordinary duty of Military decipline ( sic).  In April 1781 he entered the service and served eight months as a volunteer under the command of Capt. Derham Westfall, Maj. Thomas Dewitt
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in Colonel Wisonfelts regiment then stationed on the Neersink river in Orange County and remained or said part of the time near William Van Etous and the residence of said time near Dreham Westfelts'.
An the said John Smith with further on his oath declare that he was actually engaged and rendered actual service to the United States not less than two years and one month and that all his various service to the United States from the first day of April 1777 until about the first day of January 1782 will considerably exceed two years.  That he has no discharge or documentary evidence of his services and does not know or recollect of any person now living who served with him.

In answers to the several interrogatories propounded by the court to the said John Smith he answered and says and in answer to the first interrogatory says that he was born in the year 1760 in Goshen Orange Count & State of New York - and in answer to the second interrogatory says that he has a record of his age which is contained in his family Bible- and in answer to the third interrogatory - says that he was called into service at Goshen at Orange County in the Florida Company of Militia and belonged to a regiment of Militia commanded by Colonel John Hathorn - since recollection he has resided in the county of Orange aforesaid until about the year 1740 when
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he removed to the now town of Southport in the county of Tioga where I have ever since resided and now reside - And in answer to the fourth interrogatory says that he was called into service by attaching himself to a class voluntarily in a company commanded by Capt Elmer - that he served the time attested to him in said clasification and served also as substitute for Isaac Smith for Jason Horton & for Isaac Jennings in the years 1777 & 1778 that in the years 1779 and 1781 he entered the service as a volunteer in 1779 he was commanded by the same officers as aforesaid and the year 1781 he was under the command of Capt. Westfall in Col. Wisenfelts regiment - And in answer to the fifth interogatory he says he knew Col. John Hathorn and Major Popino and Col. Wisenfelt - And in answer to the sixth interogatory says he never received a written discharge - And in answer to the seventh interogatory says that he refers to Judge Caleb Baker - Jacob Miller and Rev. Simeon R. Jones of Southport in the county of Tioga and State aforesaid and to the Hon. Thomas Maxwell of the town of Elmira county and state has aforesaid to whom he is known in his neighbourhood and who can testify as to his good character for veracity and revolutionary services 
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 of the agency of any State 
[signed] John Smith
Sworn & subscribed the day and year aforesaid 
[signed] Green M Tuthill
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[illegible cross out at top of page]
We Simeon R. Jones a Clergyman resident in the Town of Southport & County of Tioga and Jacob Miller of the same place and Thomas Maxwell of the Town of Elmira in the County of Tioga do hereby certify that we are well acquainted with the above named John Smith having resided in the same neighbourhood with the said John Smith for the space of twenty seven years & upwards last past. That he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion, and that he is and always has since our earliest acquaintance with him been reputed to be a man of unquestionable veracity and we also concur in that opinion
[Signed] Simeon R. Jones
[Signed] Jacob Miller
[signed] Th. Maxwell

Sworn & subscribed the day and year aforesaid
Green M. Tuthill To. Clk

And the said Court do hereby declare their opinion after investigating the matter and after propounding the questions prescribed by the war department that the above named John Smith was a revolutionary soldier and served as he States. That the Reverend Simeon R. Jones who has subscribed the foregoing certificate is a respectable clergyman resident in the town of Southport in the County of Tioga & that the Hon Thomas Maxwell of the Town of Elmira & Jacob Miller of the Town of Southport who has signed the same are residents the said Jacob Miller of Southport & the Hon Thomas Maxwell of Elmira in said County & that their statement is entitled to full faith & credit & that Jacob Decker & Caleb Smith are also credible Witnesses.
[Signed] J. B. Baldwin
First Judge
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State of New York 
Tioga County
Jacob Decker of the Town of Chemung in said County being duly sworn doth depose and say that he is seventy three years of age & upwards that in the year 1781 he resided in Orange County in the same neighbourhood with the said John Smith in the aforesaid declaration mentioned. That he knows that the
said John Smith in said year 1781 early in the spring of said year entered the service of the United States under the command of Capt Westfall in Col Wisenfelt's regiment & served in said Company and regiment a tour of eight months
[Signed] Jacob his X mark Decker
Sworn subscribed this fifth day of September 1832
[Signed] Green M Tuthill Clk
in open Court before the Judges thereof
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State of New York 
Tioga County ss }  Caleb Smith of the town of Woodhull in the County of Steuben being duly sworn doth depose and say that he is 69 years of age and is a brother of the said John Smith in the aforesaid declaration mentioned that on and previous to the first of April 1777 this deponent and the said John Smith resided with their father in the town of Goshen Orange County until and after the first day of January 1782 except as is hereto mentioned - That the said John Smith early in the spring of 1777 entered the service of the United States as a volunteer in the malitia in what was then called the Florida Company under the command of Capt. Elmer in Hathorns Regiment and as this deponent believes continued in said service until late in the fall of that year except that the said John Smith returned home to his father two or three times a few days each time in the course of said season. That this deponent at that time and ever since understood and believes that the said John Smith was all the time during his absence from early in the spring until late in the fall engaged in the service of the United States in said Florida Company. And this deponent further says that the said John Smith entered the service as a volunteer in the malitia of the United States early in the Spring of 1778 in the same company under the command of the same captain or some other captain of the same Regiment and the same Colonel & continued in said service until late in the fall of the same year except that the said John returned two or three times in said season as he did the season previous a few days at each time - That this deponent served in the company with the said John Smith a tour of two or three weeks in said season
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That this deponent at the time and ever since understood that the said John Smith was all the time during his absence from home in said season engaged in the service of the United States in said Florida Company 
Early in the spring in the year 1778 and this deponent further says that the said John Smith entered the service of the United States as a volunteer in the malitia in the same company under the command of the same Capt. in Hathorn's Regiment and continued in the service until some time in the fall of the said year 
That he at the time and ever since understood that the said John Smith served during the whole of the said last mentioned period And this deponent further says that early in the spring of 1781 the said John Smith entered the service of the United States and as he was informed served in Capt Abraham Westfalls company in Col. Wasinvelts [Weisenfeld’s] regiment and that he continued in the said service until late in the fall of the said year 
[signed] Caleb Smith
Sworn & subscribed this 5th of September 1832 
[signed] Green M Tuthill Clk in open Court before the Judges thereof
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State of New York
Tioga County SS
I Green M. Tuthill Clerk of the Court of Common Pleas aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Smith for a Pension
By testimony whereof I have hereunto set my hand and seal of office this 24th day of October 1833
[Signed] Green M Tuthill
[Seal on lower left side is illegible]
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April 21, 1938. 
BA-J/ILL
John Smith
S. 17109
Mrs. W. S. Telford 
126 Weldon Road 
Duluth, Minnesota. 
Dear Madam: 
Reference is made to your letter in which you request the record of John Smith who served in the Orange County New York militia, during the Revolutionary War. 
The record of John Smith of Orange County, New York, is given herein as found in the papers on file in his claim for pension, S. 17109, based upon his service in that war. 
John Smith was born in the year 1760, in Goshen, Orange County, New York, and resided there with his father at the time he entered service in the Revolutionary War. The exact day of his birth and names of his parents are not shown. 
He enlisted April 1, 1777 and served at various times until a few days before Christmas, amounting in all to six months and one week, as private in Captain Nathaniel Elmer's "Florida Company". Colonel John Hathorn's New York regiment: he enlisted about March 1, 1778, and served at various times until November 1, amounting in all to five months and twenty-four days, as private in Captains Bailey's and Sayre's companies, Colonel John Hathorn's New York regiment; he enlisted about April 1, 1779, and served at various times until October, amounting in all to five months, under these same officers in the Orange County militia. He enlisted April 1, 1781, and served eight months as private in Captain Abraham Westfall's Company, Colonel Weisenfels New York regiment. John Smith stated that Isaac and Timothy Smith were in the same class in the Orange County New York militia with him, and that a part of the time he served as substitute for said Isaac Smith, but he did not state any relationship between them.
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John Smith resided in Orange County, New York, until about 1790, then moved to Southport, Tioga County, New York.
He was allowed pension on his application executed September 4, 1832, at which time he resided in Southport, New York. He had resided there ever since 1790. At the time he made this application for pension, John Smith stated that the Isaac and Timothy Smith with whom he served, were both deceased.  
John Smith made no reference to wife or children. 
In 1832, Caleb Smith, a brother of John Smith, was a resident of Woodhull, Steuben County, New York; he was then aged sixty-nine years. 
Very truly yours,
A. D. HILLER,
Executive Assistant to the Administrator.

2.
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17109 
INVALID. 
File No. 17,109 
John Smith 
Pri Rev War 
Act: June 7” 32 
Index:- Vol. 1, Page 350
{Arrangement of 1870.}


Jany 20-1900 H. N. Hoffman 
Elmira N. Y. Histy 
1936. April 21 - Hist to Mrs. W.S. Telford
ILL
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John Smith

Admitted
Private 17 months 


James Robinson Esq
Elmira 
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 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 John Smith

[BEGIN TABLE]
Period when the service was rendered  |  Duration of the service. Years. Months. 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.  |
[no entries made to table]
[END TABLE]

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 } 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 ___  ages (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 provion 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 enered the service; the battles, if any, in which he was engaged, and the country through which 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 applicacation of ___ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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?}
6. {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 in 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 claim cannot be had. Every claimant must state, with precision, the length of his 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 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 declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority;  that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case. 
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. 
Proof of Service. 
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant’s entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[ ] 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 in 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.
No claim for service not specified in the manner indicated under note e can be allowed
Page 27

Rev. & 1812
March 14th. 1936 
126 WELDEN ROAD 
DULUTH, MINNESOTA 
Veterans Administration, Washington, D. C. 
Dear Sir: 
According to records appearing in a volume called “New York in the Revolution”, 2nd edition, page 255, private John Smith enlisted in the Third Regiment, Orange Co. N. Y., Militia, 
[handwritten side note] only J S of O. Co militia
and for which he received Land Bounty Rights. Is there any record of the location of the land he received or any record of an application for a pension? Any record at all which would identify him in any way. 
I enclose a stamped envelope for reply for which I thank you in advance. 
[side note] ret – Mch. 25
Very truly yours 
[signed] Emilia H. Telford

Mrs. W.S. Telford.
[side note] Stamped envelope D. T
Page 28

[stamp]
RECEIVED
MAR 23 1936
MAIL SUB-DIV.
VETS. ADM. 17
[illegible]