Revolutionary War Pension and Bounty Land Warrant Application File S. 2789, for Patrick Mc Elyea, North Carolina
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SERVICE
NC
Va

McElyra, Patrick

NUMBER
S.2789

Carded

CONTENTS
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(left panel)
Paid at the Treasury under the Acts of April 6th 1838 and Aug 23d 1842 from 4th March 1840 to the 6th March 1841.  Agent note:  paid Oct 28th 1842

Paid as above from 4th March to 4th Sept 1841.  Agt notified 27 (smudge) 1842.

(right panel)
31.327
West Tennessee
Patrick McElyea
of Franklin in the State of Tenne. who was a Private in the company commanded by Captain Maxwell of the Regt. commanded by Col. Preston in the No. Ca. line for 6 months.
N.C. and Va. Line.  Records corrected Feby 6 '04

Inscribed on the Roll of W. Tennessee at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18 day of Jany. 1838 and sent to John R. Patrick, Salem Tenne.

Arrears to the 4th of Sept 1837         $130.00
Semi-anl allowance ending 4 Mar 38    10.00
                           $140.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by D.D. Addison Clerk,
Book A    Vol. 7    Page 97
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State of Alabama, Jackson County 
On the 7 day of October 1834 Personally appeared in open court before the Judge of the County Court now sitting Patrick McElyea a resident of said County and State aged 83 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 the 7th 1832.  That on the 10th day of January 1776, he entered the service of the United States as a private volunteer under Captain John Moore and Colonel William Moore and was discharged by his officers after serving two months and ten days was never stationed 
long at any place but we marched through different parts of North Carolina in quest of the Tories mostly near Hillsborough in North Carolina.  He again entered the service on the 25th day of February following as a private volunteer under Colonel Ramsey and Colonel 
Moore and Captain Hubbart and after serving two months and ten days Mostly near 
Hillsborough North Carolina was again discharged by his officers, he again entered as a private volunteer in the spring of the year 1779 under Colonel Arthur Campbell Captain William Edmonson and after serving 21 days was again discharged, he again entered the service on the 5th day of February 1781 under Colonel Preston and Captain James Maxwell and was marched through different parts of 
North Carolina and the south edge of Virginia and after serving two months & ten days was discharged, in which last Campaign he was in the battle of the Alamance near the line of Guilford County North Carolina in which he lost his horse, saddle & bridle.  He resided in North Carolina Caswell County when he first entered the service and just before the third campaign he removed to Virginia Washington 
County, thence to Montgomery County Virginia.  He has no documentary evidence to show his service.  I hereby relinquish every claim whatsoever
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to a pension or annuity except the present and declare that my name is not on the pension roll of any State. 

Where and in what year were you born? 
I was born in York County Pennsylvania in the year 1751 & had a record of my age in a Bible but house and has been burned in my Bible lost 
Where were you living when called into service? Where have you lived since the Revolutionary War and where do you now live? 
I lived in Caswell County North Carolina when I entered the service the first and second times I then moved to Washington County Virginia, thence to Montgomery County Virginia, thence to Surry County North Carolina, thence to Grayson County Virginia, Thence to Carter County East Tennessee – Thence to Montgomery, Tennessee – thence to Davidson County Tennessee, thence to Dixon County 
Tennessee, thence to Jackson County Alabama about nine years past where he now lives. 
How were you called into service; were you drafted; did you volunteer, or were you a substitute and if so for whom did you substitute?  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.
I volunteered when I first entered the service there was no regular officers where I served.  I believe I have stated as near as I can from my recollection the nature of my services 
Did you ever receive a discharge from the service; and if so by whom was it given; and what has become of it? 
I never received a written discharge for any of my services nor did I follow any civil pursuit in any of the before named campaigns. 
State the names of persons to whom you are known in your present neighborhood, and who can testify to your character for veracity and good behavior and your services as a Soldier of the Revolution. 
I am acquainted with Armstrong Donaldson, Jacob Vansant, A. M. Self, Lewis Clark and Brantley Wright, who I believe would be willing to testify to the above. 
Sworn to and subscribed the day and year aforesaid. 
                       Patrick McElyea

Test Thompson M Rector
Judge of the County Court
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We John Williams a clergyman in Jackson County Alabama and W.P. Robertson both residing in the neighbourhood of Patrick McElyea do hereby certify that we are well acquainted with said McElyea who has subscribed and sworn to the above declaration.  That we believe him to be 83 years old, that it is reputed and believed in his neighbourhood that he was a soldier of the revolution and a man of honesty and truth and we concur in that same opinion.
           John Williams
           W.P. Robertson
Sworn and subscribed to the day and year above written

And the said court hereby declare their opinion after the investigation of the matter and after putting the interrogatories required by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certify that it appears to them that John Williams who has signed the preceding certificate is a clergyman resident in the county aforesaid and that W.P. Robertson who has signed the same is of the same county is a creditable person and their statements entitled to full credit and truth.  Given under my hand and seal this (faded) 1834  
         Thompson M Rector (seal)
         Judge of County Court

I Richard B. Clayton Clerk of the county court of Jackson Alabama do hereby certify that the foregoing contains the original proceedings in the
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Case of the application of Patrick McElyrea for a pension in testimony whereof I have hereunto act my hand and private seal there being no seal of office this 7th of October 1834.
                    R.B. Clayton Clk CC

I am acquainted with the hand-writing of Rich. B. Clayton, whose name is subscribed to the foregoing certificate, and am satisfied the sd signature is genuine; and also that he has no seal of office.  I also know the signature of T.M. Rector, who is Judge of the County Court, and know his signature to be genuine.
                April 2d 1835
                   C.C. Clay.
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Rev War
2789
INVALID.
File No. 2789
Patrick McElyea
Privt Rev War

Act:  June 7  1832
Index:-Vol. A, Page 243

[Arrangement of 1870.]
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Patrick McElyea
Alabama
Letter 9 July 36

Let of May 1835
Pensioner - suspended

see letter 3 Sept 35
to claimant
did not serve six months
let: 20 Apl 37 J.R. Patrick, do. 16 Nov 37
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Salem Tenn 28 Sept 1833

JL Edwards Esq

Dear Sir
     Enclosed you will find an additional declaration of Patrick McElyea, which will probably make his service over 6 mos. as he says the Battle he was in is a different one from the one you took it to be, the old man is very poor and also unable to get about.  He lives 6 miles from here & it was as much as he could do to get here to make his further declaration -- would he not be entitled to a pension under the Law of 1831. for the 5 months & day or some later Law.  I feel an interest in the poor old mans case as he is now suffering in his old age and as such
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pittance from his country for a short time would relieve him.
     Your early reply will confer a favor on him.
                    Respectfully yours
                       John R. Patrick
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State of Tennessee, Franklin County 
This day personally appeared before me John R. Patrick an acting Justice of the Peace in & for the County & State aforesaid Patrick McElyea and made oath that he belonged to the Army of the Revolution in the year 1781, that he went into the service about the first of January in that year, that he belonged to Captain James Maxwell's Company, that he was in the Battle on the Alamance Creek near 
the line of Orange County North Carolina that said Battle took place in the month of March 1781, and was fought between the British & Tories that Generals Green & Pickens 
commanded the American forces in that Battle and that Colonel Washington was also engaged with a corps of Horse, that he belonged to Colonel Preston's Regiment, that this is the Battle he before made oath to being in in the original papers now on file in the War office and that the above battle was fought he thinks about 11 years after the Battle fought by 
Governor Tryon on or near the same Ground on the Alamance, & that he lost in said battle in 1781 a mare, Saddle & Bridle valued at
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$1000 Continental money and that after that battle in the last of March 1781 he was discharged from the service of the United States this being the last battle or service he was in, that he at the time he forwarded his papers claiming a pension, resided in Jackson County Alabama, & that he now resides in the County of Franklin and State of Tennessee. 
Sworn & Subscribed to before me this 20th September 1833. 
                            Patrick McElyea 
 John R. Patrick, (seal)
Justice of the Peace

State of Tennessee
Franklin County
     This day personally appeared before me John R. Patrick, an acting Justice of the peace in & for the County aforesaid and makes on oath the following declaration (to wit) that in his services in the Army of the Revolution in 1776 & 1777.  Upon reflection he believes was one month & ten days each as to the service in these two tours.  He must have been mistaken
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in his former declaration of them each being two months & 10 days for he is now fully satisfied that the Tour of duty 1776 was only one month & 10 days & believes the one in 1777 to have only been the same length of time. 
Sworn & subscribed me this 1 December 1837.  
John R. Patrick, (seal)
Justice of the Peace
                                 Patrick McElyea 

State of Tennessee
Franklin County
     I William W. Bruzatton Clerk of the Franklin County Court of said County, do hereby certify that John R. Patrick is and was an acting Justice  of the Peace in and for said County at the Law of certifying the above, duly elected and legally qualified and that he is entitled to faith and credit in all his official acts as such.
(seal)
     In testimony whereof I have herewith set my hand and affixed my seal of office this 5th day of December AD 
     W.W. Bruzatton Clk
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State of Tennessee
Franklin County

     Wallis Estill Jr, Chairman and presiding magistrate of the county Court of said county, do hereby certify that William A. Bruzettan is clerk of said county and that his attestation is in due form of Law and Sealed with the County Seal.  Given under my hand and seal the 5th day of December AD 1837.
     W. Estill Jr. (seal)
     Chairman of Franklin
     County court
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Larkins Fork Ala
14th Augt                          Free

J.L. Edwards Esqr, Com of Pensions
Washing City district of Columbia

Ala aug 27
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Larkins Fork Jackson Ala
August the 11th 1835
Sir  I have just received a note from you requiring men to send up my original declaration.  sir I can only inform you that as it has been sent back different times and amended by adding a supliment it was thought best by my counsel to not incumber the mail with so much unnecessary paper and in the place of the old to draw from the old and make a new one which was exactly the way he acted in the case of Lewis Clark of this neighbourhood which is now drawing a pension all that was required the last time was a more exact statement of the length of my terms of service and to have the Clerks official seal of a Congress members certificate which alteration you will see on the new declaration   my old paper was left in the office where new was drew and I expect is destroyed as they can not be found but there is no information on the old that is not on the
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Now, if I loose my claim for the lack of the old papers it is to late to avoid it thought I hope when you weight the case you will see that the new will answer every purpose of it is deficient in any part send it back as you did the old - Sir you will see by my declaration that I am old and you may expect verry frail and can not live long to be a burden to Government but it would be a great satisfaction to me to draw that I could live more smooth and die even with the would which I can not do with out it yours &c.
                     Patrick McElyea

J.L. Edwards
Washington, C.D. 

Pvt. Alama
fought May 1771 Between (illegible)
Regulation
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TREASURY DEPARTMENT.
SECOND COMPTROLLER'S OFFICE,
Dec. 16th, 1842.
Sir:
    Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United states," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Patrick McElyea a Pensioner on the Roll of the Nashville, Ten: Agency, at the rate of Twenty dollars per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of March, to the 4th September 1841.
     Respectfully yours,
     Albion K. Parris
         Comptroller.

To the COMMISSIONER OF PENSIONS,
Present.
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TREASURY DEPARTMENT.
SECOND COMPTROLLER'S OFFICE,
Dec. 16th, 1842.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United states," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Patrick McElyea a Pensioner on the Roll of the Nashville, Ten: Agency, at the rate of Twenty dollars per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of March 1840 , to the 4th September 1841.
Respectfully yours,
Albion K. Parris
Comptroller.

To the COMMISSIONER OF PENSIONS,
Present.
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Patrick McElyea

Free

J.L. Edwards Washington City District of Columbia
Commissioner of Pensions
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State of Alabama
Jackson County:      May 21st 1836 
Sir I have lately received a note from you informing me that my claim was set aside under the supposition that the Alamance battle that I was in that I gave an account of in my declaration was fought between General Tryon and the regulators.  Sir, by comparing this with my declaration you will see at once that you were mistaken.  Sir, when the Tryon battle was fought my father and family of which I was one was about moving from Pennsylvania to Carolina we met several 
of the regulators getting away as we moved.  The battle I believe was fought in June.  Sir, the Alamance battle that I was in was fought about three miles from Haw River – it was fought with part of the forces of Cornwallis.  Tarleton commanded the party we fought, Wallice 
was then in Hillsborough 8 or 10 miles from the battle ground.  Tarleton lay near O'Neal's plantation and we aimed to surround him early in the morning, but was betrayed by a Tory by the name of James Cass and he changed his position, then we was placed on the road which he was expected to march in every advantageous place by a companies & battalions for about three miles and fought as long as we could and then made good
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our retreat and so we fought them about 3 miles we took four prisoners, Holt the british Commissary, his brothers, two britons, we was commanded by Col. Preston & I believe our 
General was Greene or perhaps Pickens as their forces had just united a few days before whether both or one of them commanded that day as it was a scattering running fight I can hardly be certain but believe it was Greene at first he was the General I was under before Pickens united with our forces.  
You have taken that tower of two months & ten days from the service that I rendered and 
leaves only something over five months – when my whole service was I believe seven months and eleven days.  Sir, the Tryon battle was fought several miles from ours perhaps 8 or 10 I have since been on it and mustered two years in Hillsborough under Colonel Fanning who commanded under Tryon before the revolution war – and after Tryon's battle.  Sir I dislike putting you to so much trouble but take my papers through another examination and you will without doubt see your mistake.  I would have written be sooner but having removed some distance from the office and 
only a short time past got your letter.  Please write to me your decision after you get this. 

Yours with respect, 
Patrick McElyea
Mr. J. L. Edwards
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Salem T
28 Sept

Free
Oct 9

Tenn
Address
Patk. McElyea

J.L. Edwards Esqr.
Commissioner of Pensions
Washington City
DC
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Salem T.
9 Dec.
Dec. 21

Free

Tenn: 
Act 1832

J.L. Edwards Esq
Commissioner of Pensions
Washington City
D.C.
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JL Edwards Esq
Salem Ten 9 Decr 1833

Dear Sir
     Enclosed you will find the declaration of Patrick McElyea, certified as directed and amended, which I hope will be satisfactory and that the old man will get his pension, so soon as the case is decided on you will confer a favor by advising me and forwarding (torn) his pension certificate to this office - he is not long for this world and dependent on a son who is poor and has a large family of small children -
                   Respectfully yours
                       John R. Patrick
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May 4
Ala

J.L. Edwards Esqr
Commr of Pensions
Washing City, D.C.
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After examining this declaration if it be rite please send the pension bill to Larkins fork post office, Jackson Alabama as it is nearest to the declarant if not rite send it back to the same office for further correction. 
 April the 10th 1835
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Patrick McElyea
Franklin Cy
West Tennessee

Returned

Special letter
admitted
6 mo  $20

John R. Patrick Esq
Salem Tennessee
Hon. C.C. Clay
Huntsville Alabama H.R.
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WAR DEPARTMENT,
Pension Office.
28 Nov. 1833

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
Period when the service was rendered.'

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 if supported.

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

The Department does not feel authorised to say what time the claimant entered the Service in each month & he must specify the length of his tours.
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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 offices, 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 

     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 first being 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, if which he was engaged and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
      
     He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll or any Agency in any State, or (if any) only on that of the Agency in the State of _____.                         A.B.
     Sworn to 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 (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) herby 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. 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 product such evidence or not, proceed to relate all the material facts which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department.  A very full account of the services of each person alleged service, as they are known at the Department.  A very full account of the services of each person
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3
will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means or 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 ex-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?
     How were you called into service;  were you drafted, did you volution, or were you a substitute?  And if a substitute, for whom?
     5.  State the names of some of the Regular Officers who were with the troops, where you served;  such Continental and Militia Regiments as you can recollect and the general circumstances of your services.
     6.  To a Soldier {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
          To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
    7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
     The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
     The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
     The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
     Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the court.
     Whenever any official act is required to be done by a Judge or Justice of the 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.

(The following are small type footnotes at the bottom of the page.)

[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 claim cannot be had.  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 Just of the Peace, &c. A.B. who, being duly sworn deposeth and saith, that, by reason of his recollection, he served not less than the periods mentioned below, and in the following grades:  _____For_____year_____months, and_____days, I served as a _____, For _____months and _____days, I served as a _____; and for such service I claim a pension." 
     It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase "about three or four months" is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served;  the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
     [f]  The law makes the relinquishment indispensable.
     [g]  The opinion of the court is always required.
     [h]  The Clerk must give his certificate in every case.
     [i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

               Mode of authenticating papers.
          In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbons, 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.
     [j]  The notes from [a] to [i] are 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.