Revolutionary War Pension and Bounty Land Warrant Application File S. 15989, for Thomas Smith, New Jersey
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Service                                               Number
New Jersey    Smith, Thomas           S.15989
                                                         carded

Contents
b. Oct. 11, 1751 in Monmouth Co. N.J.  res. there at enl.
In 1833 res of Harrison Co. Va
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No. 29,023
Thomas Smith's
Declaration
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Declaration in order to obtain the benefit of the act of Congress, passed Jun 7th 1832,
State of Virginia Harrison County}SS}
On this [8th?] day of December 1833, personally appearing before Benjamin Brice an acting justice of the peace in and for the county of Harrison and State aforesaid Thomas Smith a resident of Coonsrun in the County and State aforesaid aged eighty two 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 act of Congress passed June 7th 1832 - That he entered the Unite States service under the following named officers, and served as herein stated, -
1st that he was born on the 11th day of Oct 1751 in Monmouth county in the State of New Jersey - that he was drafted in 77 as a [?] and scouter under Capt. Wm Embly who was the commanding officer at the Blazing-Star and served under him six months; that he had no engagement while under Capt Embly other than a few scatering indian shots - That Embly gave him a discharge at the Blazing Star but he has since (from the laps of time and negligence) lost it - that he then in the latter part of 77 he was drafted for six months under Capt Ephraim Pittman who commanded at Blazing Star and who succeeded Capt Embly - that he was in no engagements while under Pittman, other than indian scrimmages - that he received a discharge at the same place and lost it as aforesaid; - That he then was drafted under Capt. Peter Weighcough (or Waycough) who commanded at Slabtown and Hattonfield, Monmouth County, New Jersey (which was the county and State that he served in under Capt. Embly and Pittman) for one month at a time, that he served under Capt Waycough six months, and that he was in no engagement while under Capt Waycough other than indian scouts [?], that he got a discharge at Slabtown and lost it in the same manner as the others -
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That in 78 he was drafted under Capt Peter Conover (who commanded at Seder Creek Monmouth Co New Jersey) for one month at a time, that he served under Capt Conover
six months - That he was at the battle of Monmouth and served under Captn Peter Waycough, as an auxillary officer - 
that the names of the officers that commanded and who were on the field are as follows, Gen Washington Co Morgan Anthony Wain Charles Lee Co Ray Lord Sterling and other subordinate officers, this was on the 28th June 1778. That he got a discharge at Seder creek that by Cap Conover that he cannot recollected the particular days and months that he entered into and was discharged from service. That he afterwards in 79 was drafted and served for six months under Capt John
Stout who was stationed at Seder Creek Mon. Co. New. That he was at the battle of Long-island and served under Capt Ephram Pittman as a subordinate officer. That the names of the commanding officers are as follows
General Sullivan Commander, Washington come over to their aid - that he received a discharge at Seder-Creek - that he has likewise lost that; That he served at other times and places, but the particulars of which he cannot recollect - that from the time he first entered the services, till he received a total discharge
was six years; That he was in no civil persuit while in the service; That the services that
he can distinctly recollect amounts to thirty months; That he knows of no person in this country who can testify to his services. 
He hereby relinquishes every claim whatever
to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State; -
Interrogatories propounded to the applicant by the justice; "Where and in what year were you born" Answer; I was born in Monmouth County Newjersey State on the 11th Oct 1751. Have you any
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record of your age, and if so where is it" Answer: No, my age was once recorded in my fathers bible, but it has since been destroyed; 3rd "Where were you living when called
into service: where have you lived since the revolutionary war; and where do you now live" answer; I was living in Monmouth County Newjersey State when I was called into service; I lived there seven years after the war I then moved into Washington County Pennsylvania I lived in Pa fifteen years, I then moved into
Harrison County Virginia when I have eversince lived and where I now live. 4th "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 drafted" 5. "State the names of some of the regular officers who were with troops where you
served: Such continental and militia regiments as you can recollect, and the general circumstances of your service" Answer "There was but one regiment when I served that was called the second regiment. there were but one regiment in the State that I can recollect. I
have stated the particulars of my services above. 6th "Did you ever received a discharge from the service; and if so, by whom was it given, and what has become of it" -
Answer. Yes, I got a discharges as stated above
but have since lost them; by my negligence; as I did not expect that they would ever be of any use to me. 7th "State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution" Answer
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I am known to Anthony Coon, Henry Boother Oliver Shurtleff and to a number of other persons in my neighbourhood who can testify to my character and veracity and
their belief of my services as a soldier of the revolution
Sworn to and subscribed the day and
year aforesaid
his mark
Thomas Smith [seal]
We Oliver Shurtleff a clergyman residing in Harrison County Va and Anthony Coon and Henry Boother residing in the same place aforesaid, do hereby certify that we are well acquainted with Thomas Smith who
has subscribed and sworn to the above declaration; that we believe him to be eighty two years of age: that he is reputed and believed in the neighbourhood where
he resides to have been a soldier and indian spie of the revolution and that we concur in that opinion and we Anthony Coon and Henry Boother do further certify that we have been personally acquainted with the said Smith for the last thirty four years, and that from
the first of our acquaintance to the present time he has always told to us the same story respecting his revolutionary service, without variation, as he has above subscribed his name to - Sworn to and subscribed the day and year aforesaid 

Oliver Shurtliff [seal]
his X mark
Henry Boother [seal]
his X mark
Anthony Coon [seal]

I Benjamin Brice an acting justice of the County Court of Harrison do hereby declare my
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 spie and served as he stated: 
and I the said justice aforesaid do further certify that Oliver Shirtleff who has signed the preceding
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certificate is a clergyman resident in the County of Harrison and the State of Va; and that Anthony Coon and Henry Boother who have also signed the same, are credible persons and reside in the County and State aforesaid and that their statement is entitled to the fullest faith and credit: and I B J Brice a justice aforesaid do further certify that Thomas Smith the above named applicant is from old age and bodily infirmity unable to attend or appear in court to make his declaration for the purpose of obtaining a pension.
In testimony whereof I have here unto set my hand and seal, the day and year above written.

B. J. Brice [seal]

I David Davisson Clerk of the county court of Harrison, do hereby certify that Benjamin J. Brice who has signed the preceding certificate is an acting justice of the county court of Harrison, Va, whose acts are entitled to full credit. On testimony whereof I have hereunto set my hand, and seal of the county court of Harrison. This 17th day of December 1833.

D. Davisson
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[left edge of page is cut off; missing text added in brackets]
Virginia  23.560
Thomas Smith
[of] Harrison in the State of Va
[who] was a pri [private] in the compy [company] commanded [by] Captain Embley of the --- commanded [by] --- in the New Jersey Militia [line] for 2 years -
Dead
[Ins]cribed in the Roll of Virginia [at th]e rate of 80 Dollars -- Cents per annum, [to co]mmence on the 4th day of March, 1831,
[Certi]ficate of Pension issued the 28th day of Feby, 34. and Sent Hon J J Allen [illegible initials]
[Arr]ears to the 4th of Sept 33 | 200
[Sem]i-anl. allowance ending 4 Mar: 34 | 40
 [total] | $240--
{Revolutionary Claim, Act June 7, 1832.}
[Rec]orded by Nath. Rice - Clerk,
[Boo]k E Vol. 64 Page 33
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Paid at the Treasury under the Act of the 6 April 1838 from 4 Sept 1838 to 4 March 1839. Agt [illegible] 18 Decr 1839. [all this text crossed out and a horizontal line drawn under it]
Paid
[written along the left edge:] 
[illegible] 12 Mar: 35 Pen Agt } Off
[illegible] 1 Mar 35 A Goff } Off
[illegible] 16 Apl. 35 Pen Agt
[illegible] 29 Decr 35 Hon Jos Johnson
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[typed letter initialed in upper right corner "aw"] 
IN REPLY REFER TO
Rev. War Section.  [initialed "aw"]  3-1864
DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON
August 4, 1820. [handwritten note to the right:] Thomas Smith S.15989
Miss Madge Smith,
Center, Mo.
Madam:  In reply to your letter of the 7th ultimo, you are advised that a careful search of the records of this Bureau, fails to show a claim for Revolutionary War pension on file on account of the services of a Thomas Smith, Private of Virginia Militia, who resided in Lewis County, Virginia and was pensioned from February 28, 1834, at eighty dollars per annum, under the Act of June 7, 1832.  The statement as to said pensioner, in the Report of the Secretary of War in relationship to the Pension Establishment of the United States, is a typographical error.  The Thomas Smith who was placed on the pension roll, February 28, 1834, at eighty dollars per annum, resided in Harrison County, ( the adjoining county ) Virginia, and the services alleged by him, were performed in the New Jersey Troops.  He was born October 11, 1751, in Monmouth County, New Jersey, and lived there during the Revolution.  Although his pension was allowed, no payment was made on it, as he died before drawing any money.  The date of his death is not stated.
Very respectfully, [signed] F D Byington Acting Commissioner.
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Rev Sec [noted in upper left corner]
[circular stamp] U. S. PENSION OFFICE D JUL 9 1920
Center, Mo.
July 7 '20
Commisioner of Pensions
Washington, D. C.
Sir: Kindly give me a statement of the military and family history of Thomas Smith, Lewis, Co. W. Va. and John Swindle, Boone Co. Ky. W.8774 Revolutionary war pensioners who
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fought in the militia of Va: I am a descendent of the fifth generation who desires to become a member of the D.A.R.
Yours truly (Miss) Madge Smith
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E. C. Kreider, President, S. W. Nichols, Treasurer, W. L. Fay, Secretary
Office of the Jacksonville Journal
Published Daily and Weekly
Elijah [illegible]
Commissioner of Pensions, Washington, D.C. Dear Sir:
Can you give me any information regarding the record in the revolutionary war of Elijah Smith, who I believe served in a New Jersey regiment, and whose home at that time was in Trenton, N.J., and who latter, I think, lived in Tennessee, dying in Jacksonville, Ill. about 1835. Any information you can give me regarding Elijah Smith's service, or that of Thomas Smith, his father, of the same place and State, Trenton, N.J., will be gratefully received, or if you will inform me of the cost of such search I will forward the amount Respectfully W. L. Fay 
U.S. Pension Office, Jun 2, 1898
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OLD WAR & NAVY FILES
JUN 6 1898
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[left side]
P        15989
INVALID.
---------------
File No. __ 15.989
___Thomas Smith___
___ Pri Rev War ____
----------------
Act:  June 7 1839
Index: __Vol. __ 1 __, Page __349 __

[Arrangement of 1870.]

[right side]
July 26" 98
W.L. Fay
Jacksonville
Ills.
-------------------------
1920 Aug. 4 Miss Madge Smith
advised that this pension
is erroneously report of
1835 List as a resident of
Lewis Co. Va. & service Va.
Mil. also given shortened
statement as to pensioner
--------------------------
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Thos. Smith- Pen
Harrison City
Fraud
-------
W-
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Thomas Smith; $80--

This man is dead.-- I have been unable to procure any evidence touching his case.--  No money has been drawn on his certificate (as I am informed)-- nor  should there be, in my opinion, unless his services are from beyond all question-- because the Declaration was
written, and the certificate obtained by Wilson Sherin, whose cases are all wrong, and one of them manifestly fraudulent-- it is the case of John Singer to the report of which I ask your especial notice-

W.G. Singleton
Nov. 21. 1824
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An Amended Declaration in order to obtain the
benefit of the act of Congress passed June 7 1832-
State of Virginia Harrison County--
On this 24th day of January 1834 personally appeared before Absalom Knottz an acting justice of the County Court of Harrison Thomas Smith a resident of Coons run in the County and State aforesaid aged 82 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 act of Congress passed June 7, 1832-  1st That he was born on the 11th day of Oct 1751 in Monmouth County State of Newjersey- That he was living in Monmouth County Newjersey when he entered the service. that he lived there 7 years after
the war, that he then moved into Washington County Pennsylvania, that he lived there 15 years that he then moved into Harrison County Virginia where he has ever since lived-  That he was drafted on the first of March in the year 1777 as a spie [spy] and scout under Capt Wm Embly who was a legally commissioned Officer and stationed at the Blazing Star in Monmouth County Newjersey, that he was drafted for one month at a time under Capt Embly and served under him 6 months as follows, March April May June July & August, that he was in no engagement while under Embly other than indian skirmishes that he got a discharge from Embly at the Blazing Star, but has since lost it-
That he was drafted on the 1st September 77 as a spie [spy] and scouter under Capt Ephraim Pittman who was a commissioner capt and who succeeded Capt Embly as capt at the Blazing Star aforesaid, that he was drafted for one month at a time under Capt Pittman and served 6 months under him as follows-
September October November December January
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& February in the years 77 & 8 - that he was in no engagement while under Capt Pittman. That he received a discharge from Pittman at the Blazing Star, but has lost it- That he was drafted under Capt Peter Waycough on the first of March 78 and served under him for 6 months.  that he was drafted but for one month at a time, and served as follows-- March April May June July & August - that Capt Waycough was a
commissioned capt and stationed at Slab town for the first 3 months and the remaining 3 months at Hattonfield [Haddonfield] both in Monmouth County Newjersey-  That he
was at the battle of Monmouth and served under Capt Waycough as an auxiliary officer- That the officers who commanded at that battle were Gen Washington Co Morgan, Anthony Wains, Charles Lee and Col Ray. this was on the 28 June 78-  that he got a discharge from Waycough at Hattonfield [Haddonfield] but has lost it- That he was drafted under Capt Peter Conover who was a commissioned capt stationed at Seder Creek Monmouth County Newjersey- that he was drafted for one month at a time and served 6 months under Capt Conover as follows - September October November December & January this was in the years 78 & 9 - that he got a discharge at Seder creek from Capt Conover but has lost it-- that he was in no engagement while under Conover- That he was drafted under Capt John Stout who was a commissioned captain stationed at Seder Creek Monmouth County Newjersey on the first of February 1779 for one month at a time, that
he served six months under Capt Stout as follows-February, March, April,May, June, & July that he was in no engagement while under Stout-- that he got a discharge at Seder creek from Stout but has since lost it-
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That he was at the battle of Long Island, that Gen Sullivan was the commander- that he got a discharge at Seder Creek from Capt Stout but has lost it together with all the rest as he did not know that they would ever be of any account to him-- That from old age and the consequent loss of memory he cannot swear positively as to the precise length of his whole services, nor the Colonels under whom he served as he was chiefly out on scouting parties under the captains above named--  That he was either scouting or in Garrison during the whole time above mentioned; and for the time during which the service was performed he was not
employed in any civil pursuit- That he has no record of his age- That he is known to the Hon John J. Allen member of Congress from this place who can testify as to his character &.-  That he knows of no person in this country who can testify as to his service &c-  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 in any State or territory--

Sworn to and subscribed the day and year above written
                 his
Thomas    X    Smith  {seal}
                mark

We Oliver Shurtleff a Clergyman resident of Harrison County Virginia and Henry Boother resident of the same place do hereby certify that we are well acquainted with Thomas Smith who has subscribed and sworn to the above declaration, that we believe him to be 82 years of age that his is reputed and believed
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in the neighbourhood where he resides to have been
a Soldier and indian spie of the revolution, and
served as he stated. Sworn to and subscribed the
day and year aforesaid-
Oliver Shirtleff
Henry his X  mark Boother [seal]

I Absalom Knotts an acting Justice of the County
Court of Harrison do hereby declare my opinion after the
investigation of the matter, and after putting the interrogatory
prescribed by the war department, that the above named
applicant was a revolutionary soldier and served as
he stated. And I the said justice aforesaid do
further certify that Oliver Shirtleff who has signed the prec[illegible]
sertificate is a Clergyman resident in the County of
Harrison Va, and that Henry Boother who has also signed the same, is a resident in the same place and
whose statement is entitled to full credit - And
I Absalom Knottz Justice aforesaid do further certify that
Thomas Smith the above named applicant is from old
age and bodily infirmity unable to attend on appear
in Court in order to make his Declaration for the
purpose of obtaining a pension - In testimony
whereof I have set my hand and seal the day and year
above written
Absalom Knottz J. P. 

I David Davisson Clerk of the county court of
Harrison do hereby certify that Absalom Knotts is an
acting Justice of the County Court of Harrrison  Va - In testimony whereof I
have hereunto set my hand and seal
of the County Court of Harrison. This
29th day of January 1834
D. Davisson
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Dec 26
Va

J. L. Edwards Esqr
Pension Office

Hon. Jos. Johnson 
H R
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House of Rep. 24th Decr 1834

Sir

I am requested to inquire into the case of Thos Smith of Harrison Cty. Va. My commissioner
states that some time in 1833 Mr Smith was placed upon the pension roll, that his certificate was placed in the hands of the Honble J. J. Allen & by him mislaid or lost. That the circumstances were made known by him to the Dept which was then satisfactory.

M.P. afterwards Smith was informed that his case had been suspended from recommendation. Smith has since died, & his heirs wish to be informed in the subject.

Your attention to the above is respectfully
asked.

Your obt servt,
J.J. Johnson
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29.023
Thomas Smith
Virginia


Admit as a private
2 years $80
dec-

Hon J.J. Allen H.R.
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WAR DEPARTMENT
Pension Office,
Decr 30 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, showing the Service of [blank]
[table follows with 6 columns, with the following column headings:]

Period when the service was rendered.

Duration of the claimant's service. {subheadings:] 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.

[following is written across the table:]. See page 3

I am respectfully,
Your obedient servant
JAMES L. EDWARDS,
Commissioner of Pensions.
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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, mucicians  [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 [blank] }
County of {blank }. ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank]  and State, Territory or District of [blank] aged [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank] 

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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank]  & 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 [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank] who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank]  for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] & c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 27

3

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Office, 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
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[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 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 [blank] year [blank] months, and [blank]days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; 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 ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.  
-->The notes from [a] to [i]  are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in 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.

[following is hand-written at the bottom:]
The New Jersey militia fore men called out but for one month at a time.  The applicant must specify his services as required above.