Revolutionary War Pension and Bounty Land Warrant Application File S. 11017, for Hugh Maguire, New York
Page 1

(3 - 1776)
SERVICE
New York
Maguire, Hugh
NUMBER
S. 11017
Carded
CONTENTS
Page 2

New York 14688
=========
Hugh Maguire
of Delaware Co in the State of N.Y.
who was a Private in the Company commanded
by Captain Livingston of the Regt command
by Col Paulding in the
line for
12 months
N.Y. Line
Inscribed on the Roll of N.Y.
at the rate of 40. Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of June
1833. and sent to
Martin Keeler, South Kortright, N.Y.
Arrears to the 4th of March 1833 
Semi-anl. allowance ending 4 Sept 1833
80.00
20.00
$100.00
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by FFFranciosi Clerk,
Book E. Vol. 4 Page 67.
Paid at the Treasury under the
act of the 6 April 183[torn]
from 4 Sept 1836 to 4 Sept
1837. Agt Notified 23 June 1838
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No 23889
Hugh Maguire Delaware
County New York

admitted
12 mo Private

Martin Keeler, South Kortright
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, showing the service of Hugh Maguire Delaware County New York

Period when the service was rendered |
Entered 1781 |
Entered Spring 1782 |
| Duration of the claimant's service |
 | Years. | Months. | Days. |
 | - | 3 | - |
 | - | 9 | - |
| Rank of the claimant. |
 | private |
 | private |
| Names and rank of the Field officers under whom he served. 
Gl. McDugal |
┃Cap not recollected Col Graham Commanded |
 | Cap Livingston, Col. Paulding or Spaulding |
| Age at present, and place of abode when he entered the service. |
┃88 years
┃Kings Bridge
┃Westchester County -
┃Dover, County of Dutches 
┃N. York
| Proof by which the declaration is supported. | 
 | Traditionary evidence & Clergimans
┃Certificate, Witness certified credible
┃Judges certificate, that applicant is
 | unable to appear in Court - papers correct |

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service. but not those who were occasionally employed with, the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops. Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of }ss.
On this day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years
 of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but it neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his 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 of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore. these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
" Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:
For year months, and days, I served as a ; For mouths and days, I served as a and for such service I claim a pension."
{It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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State of New York
County of Delaware

I Crawford B Sheldon Clerk of the Court of Common Pleas in and for said County, (it being a Court of record) do certify that the Honor Martin Keeler before whom the annexed affidavit purports to have been sworn and also the person who purports to have Executed the annexed Certificate was at the date of the same one of the Judges of the Court of Common Pleas in and for the said County, duly commissioned and sworn, and that I am well acquainted with the handwriting of the said Judge and verily believe his name Subscribed to the said affidavit and the said Certificate to be his genuine Signature
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this Twenty-third day of March in the year 1833
C B Sheldon Clerk
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Declaration in order to obtain the benefit of the act Congress passed June 7th 1832
State of New York }
Delaware County }

On this 21st day of March 1833 personal appeared before me Austin Keeler one of the Judges of the Court of Common Pleas of the County of Delaware and State of New York it being a Court of Record Hugh Maguire a resident of the town of Davenport in the County of Delaware and State of New York aged eighty eight [illegible] 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 7th 1832
That he entered the service of the United States under the following named officers and
served as herein stated
That on the 4th day of May in the year 1781
He then being a British Soldier stationed on the lines at a place called Kingsbridge that he was sent out after wood and after getting a little way from the garrison he deserted the British service and during the night he went [illegible] the [illegible] lines at a place the name I do not recollect and fell in with a hunting party of American soldiers and with them I joined the Amercian Army in the County of [illegible] and the American General McDougal gave me a paper to go to Poughkeepsie from there to the town of Dovers in the County of Dutches in the State of New York Sometime in the month of June in the year I entered the Army of the United States as a Substitute for one John Gardner a Quaker for the term of Three months in a company of New York Militia the Captain of said Company I do not recollect his name we first [illegible] resided at Dover and Marched with the Company to Fishkill and was marched from place and served out the three months for which I was a Substitute Colonel Graham had the Command of the Regiment to which I belonged
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In the spring of the next year either in the month of March or April I cannot recollect which month I again entered the service in the Militia in the town of Dover in a Company Commissioned by Captain Gilbert Livingston in Poughkeepsie the Lieutentants name was [illegible] We first rendevoused [?] in  Dover & Marched from there to Poughkeepsie and from  there to a place called  [illegible] from there to [illegible] and was marched from place to place and kept at different stations for the term of nine months during this term of service Colonel Paulding or Spalding had the Command of the Regiment to which I belonged. That he did actually and faithfully serve out the whole of the two above mentioned terms of time Three months and of nine months which in all made twelve months service in the army of the revolution
That he has no documentary evidence of his service and does not know of any person now living whose testimony he can provide who can testify as to his services as stated above  That he was born in the County of Cavan in Ireland and was pressed into the Brittish Service and brot to this Country as a Brittish Soldier compeled to do duty and deserted as before detailed from them and joined the Amercian Service many circumstances from the length of time & loss of memory is out of mind.
Sworn and Subscribed the day and year aforesaid before me } Martin Keeler Judge of Said Court
Hugh Maguire [signed by his mark]

The following interrogatories were then propounded by me to the applicant. 

1. Where and in what year were you born 
Answer
I was born in the County of Cavan in Ireland in the year 1745
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2. Have you any Record of your age and if so where is it
Answer    I have in the family Bible which Bible was produced with the record which said word stated that he was born in the 15th day of August 1745.
3. Where were you living when called into the service;  Where have you lived since the revolutionary war, and where do you now live
Answer    At the time I entered the service I lived in the town of Dover County of Dutchess and State of New York since the revolutionary war i have lived in the town of Dover about two years from then I moved in to the Nine Partners and lived there untill the year 1801. I then removed in to the County of Delaware in the then town of Kortright now town of Davenport State of New York where I have lived ever since and where I 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
Answer    I was the first Three months a Substitute for one John Gardiner The second time I entered the Militia service as a volunteer for the term of nine months and served the said nine months. I was never drafted
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
Answer    When I was first out for the three months I was in a Regiment Commanded by Colonel Graham of the New York Militia then was also another regiment stationed at Fishkill when I was and whether it was Militia or not I cannot recollect neither do I recollect who the Colonel was During the 2nd term of service of nine months Colonel Spalding or Paulding had the command I saw General McDougal once in a stone house
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The names of the other officers has entirely gone out of my knowledge and recollection
6. Did you ever receive a discharge from the service and if so by whom was it given and what has become of it
Answer    I received a discharge for the last time of the nine months service from Colonel Paulding or Spaulding which discharge is lost and gone I have not seen it for more than forty years I did not preserve it as I considered it useless
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
Answer    The names are William McAuley a Clergyman and Benjamin Parker esqr.

That he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State
Hugh Maguire [signature by his mark]
Sworn to and Subscribed the day and year aforesaid before me 
Martin Keeler Judge of said Court

We William McAuley a Clergyman residing in the town of Kortright and Benjamin Parker residing in the town of Davenport hereby certify that we are well acquainted with Hugh Maguire who has subscribed and sworn to the above declaration that we believe him to be Eighty eight years of age
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that he is reputed and believed in the neighborhood where he is resides to have been a Soldier of the revolution and that we concur in that opinion
Willm McAuley [signature]
Benjn Parker [signature]
Sworn and subscribed the day and year aforesaid before me
Martin Keeler Judge of said Court

And I the said Judge do hereby declare my opinion after the investigation of the matter and after putting the interrogation presented by the war department that the above named applicant was a Revolutionary Soldier and served as he states
And I further certify that it appears to
me that William McAuley who has signed the
the preceding certificate is a Clergyman and resident in the town of Kortright  And that Benjamin Parker who has also signed the same is a resident in the town of Davenport and is a credible person and that their statement is entitled to credit
Martin Keeler Judge of said Court

I Certify that the applicant Hugh Maguire
cannot from his extreme old age and by reason of bodily Infirmity attend the Court I further Certify I have been personally acquainted with the applicant about Thirty years and [illegible] for truth and veracity is entitled to great Credit at this time his mind and body is much debilitated and impaired
Martin Keeler Judge of said Court
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RevWar
11,017
INVALID.
File No. 11,017
Hugh Maguire
Pri Rev War
Act: June 7th 32
Inex:--Vol. A, Page 238
[Arrangement of 1870.]
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Treasury Department,
Second Comptroller's Office,
June 20, 1838.
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," Hugh Maguire a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of forty Dollars 
per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept. 1836 to the 4th of Sept. 1837.
Respectfully, yours,
Albion K. Parris
Comptroller
To the Commissioner of Pensions,
Present.