Revolutionary War Pension and Bounty Land Warrant Application File S. 28946, Darius Wiard, Conn.
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(8--1776)
SERVICE Conn. Wiard, Darius.
NUMBER S. 28946
CONTENTS [section empty]
.
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[printed form with hand written responses]
28838 New York
============ 
Darius Wiard
of Cherry Creek in the State of N. York who was a private in the Compy. commanded by Captain Granger of the Regt command by Col Canfield in the Connt line for 15 mo Private -- $50.--
============ 
Inscribed on the Roll of New York at the rate of 50 Dollars  ----- [Cents -- crossed out] per annum to commence on the 4th day of March, 1831. 
============ 
Certificate of Pension issued the 17th day of July 1834 and sent to Mullett & Crane Fredonia, N. York
============ 
Arrears to the 4th of March 34 $150.00
Semi-anl. allowance ending 4 Sept " -- 25.00
===== 
$175.00
===== 
{Revolutionary Claim, Act June 7, 1832.} 
Recorded by Vinal Luce Clerk, Book E Vol. 4 Page 135

[right side of page] Let. Wm. Muse Mch. 23/55
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30605 Darius Wiard
Admitted Private 15 mo $50-
e April 19 '34
Messr Mullett & Crane 
Fredonia New York
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[printed form with hand written responses] 
WAR DEPARTMENT, Pension Office, April 19 '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 regulations will shew [show] 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 compling [complying] with this request, greatly facilitate the investigation of your claim. 
--------------------------------------- 
A STATEMENT, shewing [showing] the Service of Darius Wiard
===================== 
[table with 8 columns and 4 rows, including the row of column headings] 
[row 1 column headings] Period when the service was rendered [written vertically bottom towards top of page] | Duration of the claimant's 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. 

[row 2] 1780 | --- | 3 |  | Pri | Col Bibel |  |  
[row 3]   |  | 2 |  | " | officer not mentioned |  |  
[row 4] 1782 | not stated + | 10 |  | " | Col Canfield |  |  
-----
15 
+ [illegible] to five untill 1st Apl 1783 
I am, respectfully, Your obedient servant, JAMES L. EDWARDS, Commissioner of Pensions.  
+ Claimant is required to state the time he was in actual Service -
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[printed form with hand written responses] 
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 

DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of County of } ss. 
On this 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. [graphic of a hand pointing to the right:] 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.] [square brackets in original] 
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.] [square brackets in original] 
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.] [square brackets in original] 

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate, is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. 
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. 

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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[printed form with hand written responses] 
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 Count of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born? 
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live? 
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. {To a Soldier.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 
{To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 

The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons --one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by Justice of the peace, the certification 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 he 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 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. 
[section e marked with { } in left and right margins of page] [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, -- these words underlined] 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 duty sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: -- For ___ year ___ months, and ___ days, I served as a ___ . For ___ months and ___ days, I served as a ___ ; and for such service I claim a pension." 
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of 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; -- these words underlined] the particular place or places where the service was performed; that the applicant served; 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, providing the official character and signature of the certifying officer, should accompany the papers. 

[Mode of authenticating papers. – in italics] 
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. – in italics]
[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. 
[graphic of closed right hand with index finger pointing] 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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Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
State of New York Chautauqua County.} Ss
On this day of February 1834 before me; Benjamin Walworth, a Judge of the Court of Common Pleas held in and for the County of Chautauqua and State of New York, the Same being a Court of Record proceeding after the Course of the Common Law, keeping a record of its proceedings, having a Clerk and Seal, personally appeared Darius Wiard a resident of the town of Cherry Creek, in the County & State aforesaid aged Seventy [70 -- inserted in left margin of page] years the 12th day of June last, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
That he entered the Service of the United States under the following named officers and served as herein stated.
1st. - That in April 1780, but at what particular time in the month, he cannot now State from loss of memory and old age, he was drafted from the Militia in Walcott in the State of Connecticut for three months, to fill up Colonel Beebe's Regiment of enlisted troops which was then at Horse Neck Conn. & which was deficient of enlisted men.-- That he resided at that time in Wolcott aforesaid; and after he was drafted was ordered to rendezvous at Farmington, Connecticut & marched on there immediately where he was mustered with the drafted men & ordered to march to Litchfield, Connecticut under Capt. Curtis, whose Christian name he believes was Peter. with provision waggons [wagons] furnished for the men by the officers, and at Litchfield aforesaid met all the drafted men from different parts of the State of Connecticut, & thence marched in a body through Danbury, Conn to Horse Neck aforesaid where they joined Col. Beebe's Said Regiment, and entered immediately upon their duty of patroling, scouting and keeping guard and watching the tories until the expiration of [3 -- inserted in left margin] the three months for which he was drafted. when he was discharged by Col. Beebe at Horse neck aforesaid in writing under his hand, (which writing is destroyed or lost) Some time in the month of July 1780, but at what particular time, he cannot, from old age & the consequent loss of memory, State, and went home to Walcott aforesaid

2d. -- That he was drafted a Second time in Walcott aforesaid (where he continued to reside) for two months on the first day of September 1781, to go and guard the Coast at New Haven, County, & from thence to Milford on Long Island Sound -- That every drafted man was ordered to repair immediately to New Haven as the place of rendezvous and this Declarant immediately marched there and was there mustered with two or three hundred men.-- This declarant from his old age and the consequent loss of memory cannot state the name of the Colonel who had the Command of these drafted men at New Haven, but he believes the Majors name was Seymour, and Justus Peck was an Ensign of the Company to which this Declarant belonged and Sergeant Coe a non commissioned officer & orderly of the same Company. 
This Declarant further states upon his oath that he together with the [2 -- inserted in left margin] drafted men last above mentioned did duty & served the Said two months for which they were drafted at New Haven and along on the Coast from thence to Milford, Conn. & that their duty & Service for the whole of that time was on guards and Scouting and on Sentry watching & observing the movements of the Tories, who were constantly going over to the British then on Long Island, holding communications with them & trading in Continental money, and that this declarant with the other drafted men last above mentioned were called out, on the last day of October 1781,
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according to the best of his recollection, and paraded and dismissed honorably at New Haven, by the Commanding officer, but by whom this declarant cannot, from old age & infirmity & the consequent loss of memory, State, and that no written discharge from this service was given to this declarant or his fellow Soldiers, to the best of his knowledge or recollection, & that this declarant then went immediately home to Walcott aforesaid

3d - This Declarant further States upon oath, that, in the month of March 1782 his Step-Father, Abel Collins, enlisted in Walcott aforesaid, where he then resided, into Colonel Canfields Regiment of Connecticut Troops, into Captain Granger's Company, (whose Christian name he believes was Gideon but is not positive) for the term of one year, but as his Said Step-Father found it inconvenient to leave home & his family at that time, this declarant took his place as his Substitutes & repaired immediately to Farmington, Conn. where he was accepted as a Substitute for his Said Step-Father and mustered with others, and marched directly to Litchfield, Conn, the place of General Rendezvous for the enlisted men of that State, & from thence marched under Lieut. Wilson through Danbury & Norwalk, Conn. to Stamford, Conn. where we joined the main body who were at Stamford under Col. Canfield with our Baggage & Provision waggons: On arriving at Stamford aforesaid, we entered immediately upon duty, which was then chiefly Keeping guard, Scouting, watching & observing the Tories, until after three or four weeks when we began the building of a Fort, Bannicadues. Store House and log and framed buildings and building a redoubt at each corner of the Fort for Cannon on which, however, none were ever mounted.-- This Fort was called Fort Nonsense. -- This Declarant further States upon oath, that he with his fellow Soldiers continued in such duty last abovementioned until about the middle of February 1783, as near as he can recollect from age & infirmity & loss of memory, when he was seized with a pain in his breast and side & raising of blood occasioned by his working upon Said Fort and lifting heavy timbers, and after remaining unwell and unfit for any kind of duty for about two weeks, running down and inclining to consumption, Colonel Canfield gave him a Furlough to go home and remain there till he recovered his health, & that he accordingly went home, a distance of 60 miles, in 8 days, without a cent of money and was immediately taken quite Sick & remained very low until the following December, when he began to recover, long before which time his term of substituted enlistment had expired.

This Deponent & declarant further States upon oath that all his Services abovementioned were rendered as a private Soldier and in the State troops or militia of the State of Connecticut, and that he has no documentary evidence of his Said Service, that the discharge which he received from Col. Bebee as aforesaid & the Furlough to go home when he was sick from Col. Canfield as aforesaid are either destroyed or lost, and that he knows of no person living, whose testimony he can procure, who can testify to his Said Service, except his Brother. John Wiard.

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
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the agency of any State or Territory whatsoever
Sworn to & subscribed the day and year aforesaid before me} 
This declarant further states upon oath, that he knows of no clergyman residing either in the town of Cherry Creek where he himself resides, or in the Said County of Chautauqua, with whom he is acquainted or to whom this declarant is at all known in any manner.
And to interrogatories propounded to this declarant by the said Judge, this declarant further States & answers upon oath, that he was born in Bristol in the State of Connecticut on the 12th day of June in the year 1763 -- that he has no record whatever of his age -- that he was living in Walcott, Connecticut when he was called into the service of the United States in the Revolutionary war. -- that he Continued to reside in Walcott aforesaid for some years after the close of the Revolutionary War, & then moved from thence to Camden, County of Oneida and State of New York where he resided for twenty or twenty five years & then removed to Cherry Creek, County of Chautauqua, & State of New York where he now resides & has so resided for more than four years last past. -- That he was drafted into the service the two first times on tours of duty, and the last time on tour of duty he entered as a Substitute to Supply the place of his Step-Father, Abel Collins, who had enlisted for one year. - That he does not know that there were any of the Regular officers who were with the troops where he served, and that he knew no Continental or militia Regiments other than those to which he belonged as above set forth, and that the nature of his service was in serving on guard, sentry, & Scouting parties, watching & observing the movements of the tories, & building fort nonsense at Stamford, Conn. as above mentioned. -- That he received an honorable discharge from Col Beebe in writing at the end of his first three months service which is destroyed or lost, as he believes, - that he is well acquainted with Joseph M. Kent, Ward King, Benajah Carr Josiah Crumb [Asahel Hoard -- inserted] and John Wiard residing in the same town of Cherry Creek where he resides & in his immediate neighborhood, to whom this declarant is also well known, who can testify as to this declarants character for veracity and their belief of his Services, as a Soldier of the revolution.
This declarant further States upon oath, that he actually served in his first tour of duty three months as aforesaid; -- in his Second tour of duty as aforesaid, two months; and in his last tour of duty as a Substitute as aforesaid, one year (including the two months from February 1783 to April 1783 during which time he was quite sick at home on a Furlough and wholly unable to do duty) and that in all he actually served as a private in the Revolutionary war as aforesaid, seventeen months.  Darius Ward [signature] 

Sworn to & subscribed before me the day & year aforesaid.} B Walworth, a Judge of Chautauqua Common Pleas. [signature] 

State of New York Chautauqua County.} ss.
We Asahel Hoard and Josiah Cramb -- residing in the town of Cherry Creek, County of Chautauqua and State of New York do hereby certify that we are well acquainted with Darius Wiard, who has subscribed and sworn to the above  declaration; that we believe him to be seventy years of age: that he is reputed and believed in the neighborhood where he resides to be a man of truth