Revolutionary War Pension and Bounty Land Warrant Application File S. 16263, for Sylvester Summers, Connecticut
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(8-1776)

SERVICE
Conn.

Summers, Sylvester

NUMBER
S.16253.

Carded

CONTENTS
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9956
Connecticut
Sylvester Summers
Walbur in the State of Connt. who was a Pri in the Conn commanded by Captain -- of the Reg commanded by Col -- in the Conntroops State Service 3 mo Pri of anb'ley 9 mo
Inscribed on the Roll of Conn at the rate of 47 Dollars 44 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of June 1833 and Sent Pensioner Marlborough Court
Arrears to the 4th of March 33  $94.88
Semi-anl. allowance ending Sept 30  2372
________________
$11,850
{Revolutionary Claim, Act of June 7, 1832
Recorded by E D Bulloch Clerk
Book E Vol. 3 Page 40
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Grotois Ct. Sept 19th Chargd   10
Franklin G. Comstock
Judge of Probate Chatham Conn.
Hosuc
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State of Connecticut
Middlesex County, ss.

On this 26 day of March A. D. 1833, personally appeared in open court, before the Court of Probate for the District of Chatham, now sitting, Sylvester Summers a resident of the Town of Marlborough in the County of Hartford and State of Connecticut, aged seventy five 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.
That he entered the service of the United States under the following named officers and served as herein stated:--
1. That in the year 1778 he was a private in the militia company of Hebron in the County of Holland, Connecticut, commanded by Captain Daniel Tarboy, that between the 1st and 10th day of June in that year he was drafted to perform a two or three months at New London in Connecticut, that he went to said New London and there joined the company commanded by Captain Stephen Palmer, in the regiment commanded by Col Joel Jons, the division was commanded by Gen Tyler that he continued at said New London during said three months when he was dismissed but received no written discharge. The officers of the company were Captain Stephen Palmer, Lieutenant Asa Trumbell & Ensign John Gillah that while at New London he labored part of the time building Fort Griswold on Groton Heights, that nothing took place at this time worthy of particular notice.

2.  That the 1st of April 1782 he enlisted into the company commanded Captain William Latham for the term of one year as a private soldier, that at the time he enlisted the company was stationed at Fort Griswold, Groton, Connecticut, that he immediately entered on
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his duty and continued in the fort for the term of nine months and then hired a substitute by the name of Palmer to perform the remaining three months of his enlistment, that while in the fort his officers were Capt. William Latham, Lieutenant Obadiah Perkins, & Ensign Samuel Walworth. This was the year after Fort Griswold was taken by the British and the garrison massacred. That in these two tours of duty he performed military duty as a private soldier not less than one year for which he claims a pension. That he has no documentary evidence of his said service and knows of no person living who can testify to the same except Daniel Tyler & Nathan Darrow, whose affidavits are hereto annexed. That he was never in any battles or skirmishes with the Brittish. Hereby relinquishes every claim whatever to a pension or annuity, ecept the present, and declares that his name is not on the Pension Roll of the Agency of any State.

In answer to the interrogations he says
1.  That he was born at Hebron, Connecticut the 28th day of 1757
2.  That he has a record of his age in his father's book of Common Prayer.
3.  That when he was called into the service he was living at said Hebron, that since the Revolutionary War he has lived in said town in Connecticut and now lives in Marlborough in the County of Hartford & state of Connecticut.
4.  That he went into the service in the summer he has stated in this declaration to wit by being drafted & enlisting.
5.  That he served with Gen. Tyler & Col Jones.
6.  That he never received a written discharge
7.  That he is known to Rev william Welch in Dudly C. Summers in his present neighborhood who can testify to his character for veracity and this belief of his services as a soldier of the Revolution.;
Sworn to & submitted the day and aforesaid.
Sylverster Summers
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We William Welch a Clergyman residing in the town of Chatham and Dudley C. Summers residing in the same town hereby certify that we are well acquainted with Sylvester Summers, who has subscribed and sworn to the above declaration; that we believe him to be Seventy five 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
William Welch
Dudley C. Summers
  And the said court do hereby declare their opinion after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And the court further certifies that it appears to them that Rev. William Welch who has signed the preceding certificate is a clergyman, resident in the town of Chatham and Dudley C Summers who has also signed the same is a resident in the same town, and is a credible person, and that their statement is entitled to credit.
And the court further certifies that the reason of the said Sylvester Summers, making application in the court and not in the district of Colchester in which he now resides is that by account of bodily infirmity and ill health he was unable to be carried to the probate office in said Colchester which is at the distance of eight miles from his residence, and was brought to the time of the probate district of Cheatham a distance of about two miles and met there by the Judge of this court. The court further certifies that the reason of his being described in the affidavits as being of the town of Chatham in Middlesex County is that he formerly lived in said Chatham. I William G. Comstock clerk of the court of probate for the district of Chatham do hereby certify that the foregoing contains the original  (illegible) the matter of the application of Sylvester Summers for a pension. In testimony whereof I have hereunto set my hand & seal of office this 26th day of March A D 1833
W. G. Comstock Clk.
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Lebanon Cts Sept 21st 
D B Charger 10  Houc
Franklin G. Comstock
Judge of Probate
Chatham Ct.
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I Daniel Tyler of Lebanon in the County of New London & State of Connecticut aged 87 years depose and say that I was acquainted with Mr. Sylvester Summers at the time he performed service as a revolutionary soldier at New London in Connecticut, in the year 1778, in the company commanded by Captain Stephen Palmer, in the regiment commanded by Col Joel Jones, Gen Tyler being the command of the Division I was at New London and know that the said Summers was a member of the company and did a tour of duty at said New London, but cannot state precisely the length of time he was there. And further the deponent saith not. Daniel Tyler

State of Connecticut County of New London ss Lebanon Sept. the 19th A D 1832.
Personally appeared Daniel Tyler, the above deponent and made solemn oath to the truth contained in the Judging affidavit. And I hereby certify that I am personally acquainted with the said deponent and that he is in all respects & competent as credible witness.  Before me Peley Thomas Jr, Justice of the Peace.

I Thomas Day, Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, that Peley Thomas jun. Esquire, before whom the foregoing Affidavit of Daniel Tyler was taken, is, and at the time of such caption, was, a Justice of the Peace within and for the County of New London in said State, duly appointed, commissioned and qualified , having full power and authority, by the laws of said State, to administer oaths to witnesses and to take Affidavits and Depositions out of Court, and to give certificates thereof; that I verily believe the foregoing signature purporting to be his, is genuine; and that full credence is due to his official acts and attestations.
In testimony where I have hereunto set my Hand, and affixed the Seal (illegible) at the city of Hartford, in said State, the thirteenth day of October in the year of our Lord, one thousand,(illegible)
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I Nathan Darrow of Groton in the county of New London and state of Connecticut aged seventy two years, depose and say, that I was a soldier in Fort Griswold in said Groton (in the year 1782 according to my best recollection). I further depose and say that while I was in said Fort I was personally acquainted with Sylvester Summers who was an enlisted soldier in Captain William Lathom's Company of Artillery, and know that he did his duty in said Company and was honorably discharged and further the deponent saith not. Nathan Darrow.

State of Connecticut New London County ss. Groton September 19th A D 1832
Personally appeared Nathan DArrow the above deponent and made solemn oath to the truth contained in the foregoing affidavit. And I hereby certify that said Nathan is a respectable in truth out of the town of Groton and in all respects a competent and credible witness. Before me  Joseph Dursey Justice of the Peace

I Thomas Day, Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, that Joseph Dursey Esquire, before whom the foregoing Affidavit of Nathan Darrow was taken, is, and at the time of such caption, was, a Justice of the Peace within and for the County of New London in said State, duly appointed, commissioned and qualified , having full power and authority, by the laws of said State, to administer oaths to witnesses and to take Affidavits and Depositions out of Court, and to give certificates thereof; that I verily believe the foregoing signature purporting to be his, is genuine; and that full credence is due to his official acts and attestations.
In testimony where I have hereunto set my Hand, and affixed the Seal (illegible) at the city of Hartford, in said State, the thirteenth day of October in the year of our Lord, one thousand, eight hundred and thirty two.
Thomas Day
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No 26154
Sylvester Summers  Connecticut

Admitted
Private Artillery  9 mo
do Infantry 3 do
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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. 

Statement, shewing the Service of Sylvester Summers of Marlborough Connt. 

Drafted 1778  Duration 3 months  Rank Private  Names and rank of Field officers  Cols Joel Jones, Genl Tyler  Age at present  Aged 75  Hebron Connecticut  Proof  Traditionary & living witnesses

Enlisted 1782 hired a subs. for 3 months more  Duration 9 months Rank Artillery  Names and rank of Field officers  Capt Wm Lathorn
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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, 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}ss. 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 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 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 and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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 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 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 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 (illegible) 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 of 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, undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and consequent loss of memory , he cannot swear positively as to the precise length of his service; but, according tto the best of his recollection, he served not less that the periods mentioned below, and in the following grades: --For ___year----months,and ---days, I served as a ----p. 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 persona 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 not 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 magistrate must be certified by the proper officer, under his seal of office. --> The notes from (a) to (i) are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only. (k) this traditionary evidence is indispensable in militia cases. (l) If a witness cannot be found , the declarant must state the fact. (m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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P  16263
INVALID.
File No. 16,263
Sylvester Summers
Pri  Rev  War
Act: June 7th 32
Index:-- Vol 1, Page 364
[Arrangement of 1870]