Revolutionary War Pension and Bounty Land Warrant Application File S. 17,560, for Miles Mallet, Connecticut
Page 1

(3-1776)

SERVICE
Conn.

Mallet, Miles

NUMBER
S.17,560

carded

CONTENTS

[Remainder of form left blank]
Page 2

17.911---
Connecticut
=======================
Miles Mallet
of Orange in the State of Con
who was a Pri in the Com commanded
by Captain Colhook of the Regt commanded
by------------------in the Con Troops
line for 13 mo--
=======================
Inscribed on the Roll of Con
at the rate of 43 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.
=======================
Certificate of Pension ifsued the 12 day of October 1833 and Sent--Danl
& Baldwin  Milford Ct.
=======================
Arrears to the 4th of Septr. 1803      $108.32
Semi-anl. allowance ending Mar 4.33.  21.66
                                                           =====
                                                          $129.98
                                                           =====
(Revolutionary Claim, )
(Act June 7, 1832.       )

Recorded by EB Bullock Clerk,
Book E  Vol. 3   Page 28.
Page 3

State of Connecticut, County of New Haven
Probate District of Milford  fs--

At a Court of Probate held at Milford within and for said District on the 29th day of January 1833--

Present William Strong Judge--

Personally appeared in open Court John Stone aged 71 years of said Milford, who being duly sworn deposes and says, that on the 18th of October 1780 he was drafted for and served ten months in a company commanded by Capt. Daniel Holbrook of Derby in said County and State.--that he was drafted in Milford and was marched to Stratford, when he with they joined the company, that he was imployed, with the rest of the Company in protecting the Coast along the Towns of Stratford and Fairfield in in marching from thence to New Haven in said State when he was imployed the remainder of the said Ten months and then returned to Milford and there discharged--Deponent further deposes and says that Miles Mallet, late of said Milford and now of Orange in said County and State served in said Company during said term of Ten months in manner and form as above stated against the common enemy during the War of the Revolution--and further deponent saith not.
John Stone

Attest  Daniel L. Baldwin Clerk
Page 4

State of Connecticut  County of New Haven
Probate District of Milford  fs.--

At a Court of Probate held at Milford within and for said District on the 29th day of January 1833--

Present William Strong Judge

Personally appeared in open Court Caleb Nettleton aged 75 years, and John Mallet aged 74 years, both of said Milford who being duly sworn do depose and say that on the first of April 1781 they inlisted for and served one year in a Company of State Troops commanded by Capt. Joseph Davidson of said Milford  our company was imployed as a guard in the Fort at said Milford and in protecting the Sea Coast along said Town on Long Island Sound our service during said Tour of one year was constant and not periodical, in our daily summoned at roll call and a guard was left every night--

Deponents further say that Miles Mallet late of said Milford but now of Orange in said County & State, served in said Company with us as a Substitute for William Coggeshall during the term of Eleven months, in manner and form as above stated against the common enemy, during the War of the Revolution, and further deponents say not.
Caleb Nettleton.
john Mallet.

Attest David L. Baldwin, Clerk
Page 5

State of Connecticut  County of New Haven
Probate District of Milford fs.--

At a Court of probate held at Milford within and for said District on the 29th day of January 1833--

Present William Strong Judge

Personally appeared in open Court, Samuel Peck, aged 68 years and Benjah Mallory aged 67 years both of said Milford who being duly sworn do depose and say tht they are and have always been acquainted with Miles Mallet late of said Milford and now of Orange in said County and State--that said Mallets character for truth and veracity is good--and deponents further say that they have always lived near neighbors to the said Mallet, untill the Town of Orange was set of from said Milford--and that it has always been reputed and believed in the neighborhood and never doubted that the said Miles Mallet was a Soldier of the Revolution, and further deponents say not.--
Samuel Peck
Benjah Mallory

Attest  David L. Baldwin Clerk
Page 6

State of Connecticut County of New Haven
fs.  Probate District of Milford.

On this 29th day of January 1833 personally appeared in open Court, before said Probate Court, William Strong Judge, now sitting, Miles Mallet a resident of Orange, late a part of the Town of Milford in said County and State aged 76 Years, who being first sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congrefs, pafsed June 7th 1832.

That he entered the service of the United States under the following named officers and served as herein stated (viz)--

On the 15th of October 1780 I was drafted for and served two months in a company of militia commanded by Capt. Daniel Holbrook of Derby in said County & State--I was drafted in Milford, and was marched from Milford to Stratford, an adjoining Town, under Lieut Fletcher Prudden of said Milford--when we joined the Company.

our Company was imployed a part of of said Town as a guard, in protecting the Coast along the Towns of Stratford and Fairfield, and was then marched to New Haven in said State where we served the remainder of the said two months, and then returned to Milford, where we were dismifs & this Tour of service can be found by john Stone and i know of no other person living by whom it can be proved.--

On the first of April 1781 I went as a
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substitute for William Coggeshall (who Inlisted the first of March and served one month only) in a Company commanded by Capt. Joseph Davidson of said Milford, which company was imployed as a guard in the Fort at said Milford, and in protecting the Coast along said Town from the common enemy, for the tour of Eleven Months, said Coggeshall having inlisted for one Year, my service for the above Tour of Thirteen Months was constant and not periodical.  This Tour of service can be proved by John Mallet and Caleb Nettleton whose depositions are profered--

I am certain I served Thirteen months as above stated, and for which service I claim a pension--

I was Born in said Milford November 6th 1762  my age is recorded in the Family Bible

When called into service I was living in said Milford, where I lived untill the Town of Orange was set of from said Milford where I now live--

I was drafted for the Tour of service in 1780 and I was a substitute for William Coggeshall in 1781--

I do not remember that our Company was attached to any particular Regiment in either Tour--

I never had a written discharge but faithfully served out my tours of duty--

To my other neighbors, I am known to
Page 8

Samuel Peck and Benjah Mallory of said Milford, who can testify to my character for veracity and their belief of my services as a Soldier of the Revolution, whose depositions are profered--

The said Miles Mallet 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 other state--Sworn to and Subscribed the day and year aforesaid--
Miles Mallet

We Bezaleel Pinneo a clergyman, residing in the town of Milford, and Charles H. Pond residing in the same hereby certify that we are well acquainted with Miles Mallet who has subscribed and sworn to the above declaration; that we believe him to be 70 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
Bezaleel Pinnea
Chas. H Pond

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 abovenamed applilcant was a revolutionary Soldier and served as he states--and the Court further certifies that it appears to them that Bezaleel Pinneas who has signed the preceeding certificate is a clergyman resident in the
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Town of Milford and that Charles H. Pond who has also signed the same, is a resident of the Town of Milford and is a credible person and that their statement is entitled to credit.--

I David L. Baldwin Clerk of the Court of Probate for the District of Milford do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Miles Mallet for a Pension--

[Seal affixed to the left of the below paragraph]

In Testimony whereof I have hereunto set my hand and Seal of Office this 29th day of January 1893--
David L. Baldwin Clerk

State of Connecticut Probate District of Milford January 28th 1833.

I William Strong Judge of the Probate Court for said District do certify that David L. Baldwin whose signature is to the above certificate as Clerk of said Court and has the Keeping of the records of said Court that full faith and credit are due to his official acts that the foregoing is the Seal of said Court and that the foregoing attestations are in due form--

Miles Mallet the declarant, the deponents John Stone, John Mallet, Caleb Nettleton, Samuel Peck and Benjah Mallory are personally known to me to be men of truth
Page 10

and their statements are entitled to full faith and credit--

Agreeably to the request of the War Department, the Court annex an opinion that the applicant was a Soldier of the Revolution that his statements and those of the deponents are true--

For the authority under which the service was performed at the Fort in Milford, reference may be had to the certificate of Hon. Elisha Phelps, Comptroller of this State which is annexed to the papers of Saml. Peck numbered 3477, and forwarded to the Department.
William Strong Judge of Probate
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23186

Miles Mallet
Ct.

13 in private

63.33

Danl. L. Baldwin
Page 12

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 show what is necefsary 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 Miles Mallet N Haven Ct.

[Column 1]
Period when the service was rendered.
[1]  drafted 15th Octr '80
[2]  enlist. 1 Apl. '81

[Column 2]
Duration of the claimant's service.
Years.    Months.    Days.
[1]-----------2--------x-
[2]----------11-------x-

[Column 3]
Rank of the claimant.
[1]  pr
[2]   "

[Column 4]
Names and Rank of the Company officers under whom he served.
[1]  Capt. Holbrook
[2]  " Davidson

[Column 5]
Names and Rank of the General and Field officers.

[Column 6]

[Column 7]
Country through which he marched.
[1]  Ct
[2]   "

[Column 8]
Place of abode when he entered the service, and age at the present period.
70
Milford
Ct.

[Column 9]
Evidence by which the declaration is supported.
Trady witnefses to his full services

XXReference is made to the Certificate of Comptroller Phelps attached to the papers of Daniel Peck in his Dep.  No. 3477--

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

*It is necefsary that each case forwarded be compleat in itself.  Therefor all the evidence the applicant may have it in his power to procure should accompany the papers
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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 provion made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)   , with      and served in the     (e) regiment of the           line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched.  [Picture of a hand with finger pointing here] 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 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 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 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 receie a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

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

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

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
____________________________________________
[a]  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.

 [b]  The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

[c]  The age of the claimant must invariably be mentioned.

[d]  The declarant must 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 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 containe 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.

[Picture of a hand with finger pointing appears here]  The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in note [j] applies to continental troops only.

[k]  This traditionary evidence is indispensable in militia cases.

[l]  If a witness cannot be found, the declarant must state the fact.

[m]  The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Chas. L Williams Ex Clk
Page 15

State of Connecticut    )
New Haven County     ) ss.

I Luke Mallett of the town of Milford County and State aforewaid, son of Miles Mallett deceased, who was a pensioner of the United States under the Act of 7th June 1832 at the rate of $43.33 per annum, do hereby constitute and appoint D.D. Addison Esq of Washington City, my true and lawful attorney for me and in my name respectfully to request the Commissioner of Pensions to review my father's pension papers on file, with any additional evidence, that may be presented and allow such an increase of pension as he may justly and equitably be entitled to.

In testimony whereof I have hereunto subscribed my name this 2d day of January A.D. 1851.
Luke Mallet

In presence of
L.N. Beardsley
Page 16

17560

INVALID.

File No. 17,560

Miles Mallet
Pri  Rev  War

Act:  June 7" 32

Index:--Vol. 11, Page 241

[Arrangement of 1870.]
Page 17

Comptrollers Office
September 6th 1833

I Elisha Phelps, Comptroller of Public Accounts of the State of Connecticut, do certify that on the 8th day of February 1781 the Council of Safety upon request & recommendation of the Civil Authority & Selectmen of Milford appointed Joseph Davidson Lieutenant of the guard there in the room of Pelor Stepburn.

On the 16th June 1781 the pay roll of Lieut. Joseph Davidson is charged to the United States for his company at Milford amounting to L 53,18,3.

On the 9th of February 1782 the pay roll of Lt Joseph Davidson company guards at Milford is charged to the United States amounting to L1035.7.4; also another sum on the same day, of L52.2.8.

On the 6th day of March 1782 there is charged also on the books of the Pay Table for the pay roll of Lt Joseph Davidson company
Page 18

of guards at Milford L72.14.9.

Also under date June 5th 1783 there is charged, upon the amounts of the Pay Table, to the United States, for the pay roll of Lt Joseph Davidson company guards ["L72,14,9" stricken out] L151.12.2.

I further certify that there are not any muster or pay rolls of Lt Davidsons company or any evidence of those who belonged to it, or the continuance of these service to be found in this office.
Elisha Phelps