Revolutionary War Pension and Bounty Land Warrant Application File S. 16224, for John Phelps, New York
Page 1

SERVICE
New York

Phelps, John

NUMBER
S.16224

CONTENTS
Page 2

New York N. 24,788

John Phelps
of Steuben Co. in the State of N. York who was a Private in the company commanded by Captain Fitch of the Regt. commanded by Col. W. Kinstry in the N. York Troops line for 9 months 12 days.

Inscribed on the Roll of New York at the rate of 31 Dollars 32 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 3rd day of March 1834 and sent to E. Skinner Prattsburgh N.Y.

Arrears to the 4th of Sept. 1833  78.30
Semi-anl. allowance ending 4 March '36  15.66

$93.96

{Revolutionary Claim
Act June 7, 1832.}

Recorded by D. Brown Clerk
Book E.  Vol. 4  Page 114
Page 3

14,370
John Phelps
Steuben Co
N.Y.

5. 13
P. 403

May 1833

David Ramsey Clk
Prattsburg
N.Y.
Page 4

BRIEF in the case of John Phelps of Steuben Co. in the State of N York (Act 7th June, 1832.)

1.  Was the declaration made before a Court or a Judge?   Open Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  [blank]

3.  How old is he?  71 year

4.  State his service, as directed in the form annexed.

[headers]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.

[sub headers]
| | Years, |  Months, |  Days |  As a | Gen.

[body]

In 1776 |  | 4 | | Private | Capt Denning Col Whiting

 * 1777 | | 3 | | " | Capt Fitch Col McKinstry
June 1778 | | 1 | | " | Lt Phelps Col Wetin
July 1778  1 to 3 days at a time | | 1 | | " | Lt Allen
Octob 1778 | | 1 | | " | Capt Bastrick
1779 | | 4 | | " | Capt Noble Col Alden
1779 | | 1 | | " | Capt Whiting Col Bastrick
1780 | | 3 | | " | Capt King Col VanRennselear

5.  In what battles was he engaged?  None

6.  Where did he reside when he entered the service?  Columbia Co. N. York

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary

8.  Are the papers defective as to form or authentication?  and if so, in what respect?   Correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

* Doubtful -

Richard Cutts
Examining Clerk.
Page 5

Seal of Office this Sixteenth day of October 1832
[signed]
David Rumsey Clk
Steuben County
By M. J. Rumsey Dep Clk

14370
John Phelps
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State of New York
County of Steuben   SS

On this Sixteenth day of October in the year One thousand eight hundred and thirty two, personally appeared in open Court before Judges [blank] the Court of Common Pleas  now sitting John Phelps a resident of Prattsburgh County of Steuben and State of New York aged Seventy one 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 Service of the United States under the following named officers and served as herein stated.  In the year 1776 he resided in New Canaan Columbia County State of New York, and enlisted as a minute man under Col. Whiting, Capt. Isaac Deming, Lieut George Darrow, Ensign Lewis Graves.  They met often for excersise [sic] and improvement and held themselves ready to march according to order at a moments warning, and twice they took up spies and tories and marched them to Albany - served four months

[written in margin]4 mo.
In 1777 he took the place as a substitute of Parker Peeverty, who was drafted, under Col. John McKinstry, Capt. Nehemiah Fitch, & Lieut Lee, marched by the way of Albany to Van Schaacks Island where they joined the Army under Gen'l. Gates and marched to Stillwater.  And on the 8th of October fought on Bemis Heights under Generals Arnold, Sprout, and Nickerson.  October 14th they fought under Gen'l. Morgan

[written sideways]

I withdraw this claim as I cannot substantiate it.  Prattsbrugh June 18th 1833
John Phelps
Page 7

at Stillwater from there they followed the British to Fish Creek and Saratoga.  Lay there on hard duty untill [sic] Burgoyne capitulated and then marched by Albany down the river to Newburgh.  He was there discharged after three months service.

3 mo.

In June 1778 he was drafted and marched to Cherry Valley under Col. Alden, Lieut. James Phelps - lay there scouting and hunting Indians one month.

1 mo

In July 1778 he took the place as a substitute of Horace Phelps, who was drafted - went to Cherry Valley under Lieut. Allen commandant.  Scouting from one to three days at a time.  One month.

1 mo.

In October 1778 he was drafted under Capt. William Bostwick of New Canaan went to Cherry Valley, was scouting and in garrison one month.

1 mo.

In 1779 he took the place as a substitute of Ebenezer Phelps who was drafted under Col. Alden and Capt. Nathaniel Nobles.  Marched to Schoharie and lay there from one Fort to the Other, repairing the Forts and occasionally scouting for four months.  Was discharged at Schoharie.

4 mo.

Late in the fall of 1779 he was called out with the whole company on an alarm.  Under Col. Whiting, Capt. Bostwick, Lieut. Allen & Hallenbeck.  Marched by Albany and Schenectady to Fort Hunter where they overtook Brants party of Indians and followed them, fighting and skirmishing to the Lakes and then returned to Albany.  Out one month.

1 mo

In 1780 he took the place as a substitute of Daniel Pease, who was drafted, under Lol. Van Rensselaer, Capt. Gideon King, marched
Page 8

to Fish Kill and joined the Army under Gen. WASHINGTON lay there three months.

3 mo.

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.

Sworn to & Subscribed the day & year aforesaid
[signed]
M. J. Rumsey Dep. Clk 
Steuben County

[signed]
John Phelps

We Erastus Skinner and Isaac Ainsworth residing in the town of Prattsburgh County of Steuben & State of New York hereby certify that we are well acquainted with John Phelps who has subscribed and sworn to the above declaration and we believe him to be seventy one years of age - that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the revolution and that we concur in that opinion

[signed]
Erastus Skinner
Isaac Ainsworth

Sworn and Subscribed the day and year aforesaid
[signed]
M. J. Rumsey Dep Clk
Steuben County

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the Interogatories [sic] 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 Erastus Skinner and Isaac Ainsworth who have signed
Page 9

The preceding certificate are residents in the town of Prattsburgh and are creditable persons and that their Statements are entitled to credit.

I David Rumsey, clerk of the Court of Common Pleas of the County of Steuben do hereby certify that the foregoing contains the original proceedings of the Said Court in the matter of the application of John Phelps for a pension.

In testimony whereof I have hereunto set my hand and seal of this office this Sixteenth day of October 1832

[signed]
David Rumsey Clk
Steuben County
By M. J. Rumsey Dep Clk
Page 10

State of New York
County of Steuben  SS.

On this fifteenth day of October in the year one thousand eight hundred and thirty three Personally appeared in open Court before the Judges of the Court of Common Pleas now sitting John Phelps a resident of the town of Prattsburgh in the county of Steuben and State of New York aged Seventy 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 provision made by the act of Congress June 7th 1832

That he was born in Long Meadow, Springfield, Massachusetts in the year 1761, that he has no authentic record of his age.  At the time he was called into Service he resided in New Canaan Columbia County New York since which he has resided about four years in Catskill Green Co. N.Y. about 24 years in Galway Saratoga Co. N.Y. and 19 years where he now resided in Prattsburgh.  

In the year 1777 he resided in New Canaan Columbia Co. N.Y. and entered the Service as a Substitute in the place of Parker Peeverty (who was drafted) under Colo. John McKinstry, Capt. Nehemiah Fitch, and Lieut. Lee he marched by the way of Albany to Van Schaacks Island where they joined the Army under Gen'l. Gates and marched to Stillwater and on the 8th day of October was in battle on Bemis Heights under Generals Arnold, Sprout and Nickerson.  October 14th he was in battle under Gen'l. Morgan at Stillwater.  From there they followed the British to Fish Creek and Saratoga and was there when Burgoyne capitulated and then marched by Albany down the Hudson river to NewBurgh.  He was there discharged after serving three months.

3 mo.

In June 1778 he was drafted under Col. Alden and Lieut James Phelps, went to Cherry Valley lay there Scouting and hunting Indians one month the time for which he was called.

1 mo.
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In July 1778 he took the place as a Substitute of Israel Phelps who was drafted.  Went to Cherry Valley under Lieut. Allen commandant was Scouting from one to three days at a time for one month.

1 mo. 

In October 1778 he was again drafted and went under Capt. William Bostwick of New Canaan to Cherry Valley lay there Scouting and in garrison one month.

1 mo.

In 1779 he took the place as a substitute of Ebenezer Phelps his brother now deceased who was drafted under Colo. Alden and Capt. Nathaniel Nobles.  Marched to Schoharie and lay there from one Fort to the other repairing the Forts and occasionally scouting for four months - was discharged at Schoharie.

4 mo

Late in the fall of 1779 he was called out on an alarm with the whole Company under Colo. Whiting Capt. Bostwick Lieuts Allen & Hallenbeck, marched by Albany & Schenectady to Fort Hunter where they overtook Brants party of Indians and followed them fighting and skirmishing to the Lakes and then returned to Albany.  Was out one month.

1 mo

In 1780 he took the place as a substitute of Daniel Pease who was drafted, under Colo. Van Rensselaer Capt. Gideon King marched to Fish Kill and joined the Army under Gen. WASHINGTON served then three months.

3 mo

He further states that he has no documentary or written evidence and that he knows of no person living whose testimony he can procure except Israel Phelps his Brother whose affidavit is hereunto annexed and that his age and infirmities would not admit of his attending court.

He hereby relinquishes every claim whatever to a pension except the present and he declares that his name is not on the pension roll of any agency in any State.

[signed]
John Phelps

Sworn to and Subscribed the day and year aforesaid
[signed]
Wm. H. Bull Clerk
of Steuben Com. Pleas
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We Epephnes Thompson Jr. a Clergyman residing in the town of Wheeler and Erastus Skinner residing in the town of Prattsburgh both of the County of Steuben aforesaid hereby certify that we are well acquainted with John Phelps of the town of Prattsburgh who has subscribed and sworn to the above declaration that we believe him to be Seventy two years of age that he is reported and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.

[signed]
Epephnes Thompson Jr.
Erastus Skinner

Sworn & Subscribed the day and year aforesaid
[signed]
Wm. H. Bull Clerk of Steuben Com. Pleas

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 Epephnes Thompson Jr. who has signed the preceding certificate is a clergyman resident in the town of Wheeler & that Erastus Skinner who has also signed the same is a resident in the town of Prattsburgh and is a creditable person and that this statement is entitled to credit.

I William H. Bull Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Phelps for a pension
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16224

INVALID.

File No. 16224

John Phelps
Pri Rev War

Act June 7th 32

Index: - Vol. 1, Page 444

{Arrangement of 1870.}
Page 14

[crossed out] Acts of July 14, 1862, and March 3, 1873.

8172

[stamped REJECTED]

8172

P. O. 

John Phelps

Service:

Enlisted:  , 18  .
Discharged:   , 18  .

Application filed:   , 18  .

Alleges:
Page 15

New York
Revo:

John Phelps

Suspended

let. to E Skinner
15 Aug't 1833.

8172

Act 7 June '32
Page 16

State of New York
Steuben County  SS.

Personally appeared before me Samuel A. Johnson Esq. one of the Justices of the Peace in and for the County and State aforesaid John Smith, Merchant and Aaron Pinney, Farmer - residents of the town of Prattsburgh County and State aforesaid who being by me severally sworn according to law depose and say that they are severally well acquainted (and have been for many years) with Israel Phelps of the town of Galway, County of Saratoga and State aforesaid, that he does and always has sustained a good character for truth and veracity and they believe him to be an unexceptionable witness in any case in which he may testify.

And further that they are neighbours to John Phelps that they have been long acquainted with him.  That he sustains a good character for truth and veracity and that it is a common report and they believe that he was a Soldier of the Revolution.

And the said John Smith further deposeth that he was present on the 28th day of September last and heard Israel Phelps qualify to an affadavit [sic] in favor of the claim of John Phelps for a pension before O. P. Fay Esq.  

[signed]
Aaron Pinney
John Smith

Sworn and subscribed this 10th day of January 1834 before me 
[signed]
S. A. Johnson J. P.

I do hereby certify that I am well acquainted with John Smith & Aaron Pinney the above deponents and that they are men of respectability and strict truth and veracity and therefore credible witnesses.  And I do further certify that it is a comon [sic] report in this place that the applicant John Phelps was a Revolutionary Soldier.

[signed]
S. A. Johnson J. P.
Page 17

State of New York
Stuebe County SP: 

I William H. Bull Clerk said count do hereby certify that Lauise A, Johnson Esquire, before... 
affidavits purports to have been ....
of the Justice of the Peace in and for said County. [See page 20 similar format] ...that I am well acquainted with ... of said Justice and his [Signature Subscribed page 20] ... thereunto respected [?] ...


[Possibly signed
Wm. H. Bull- See Page 20]
Page 18

State of New York
Steuben County  SS:

I William H. Bull Clerk of said County do hereby certify that Samuel A. Johnson Esquire, before whom the within affidavits purports to have been taken was at the time of taking the same one of the Justices of the Peace in and for said County.  That I am well acquainted with the hand writing of said Justice and verily believe the signatures thereunto annexed are Genuine.

Witness my hand and Seal of Office at Bath this 11th day of January 1834.

[signed] 
Wm. H. Bull
Page 19

State of New York
Steuben County   SS

Personally appeared before me Orlando P. Fay Esq. One of the Justices of the Peace in and for the County of Steuben aforesaid - Israel Phelps of the town of Galway, County of Saratoga and State of New York who being duly sworn according to law deposeth and saith - that he is well acquainted with and is brother to John Phelps of the town of Prattsburgh aforesaid.  That in the time of the Revolutionary War they both resided in New Canaan Columbia County and State aforesaid, and when at home lived in the same family.  That the deponant [sic] was in the Service (for which he now receives a pension) but was never out in the same Company with the said John, that he the said deponant was drafted in July 1778 under Lieut. Alden to relieve troops  at Cherry Valley - and that the said John took his place and served the tour of one month.  That he well remembers the said John's being drafted at different times and that he was in the Service several times.  That he has heard the application of the said John for a pension read, and fully believes it to be true and that he served as therein stated but it being so long ago he cannot distinctly recollect the particulars of the differing tours.  

[signed]
Israel Phelps

Sworn and Subscribed at Prattsburgh this 28th day of September 1833 before me

[signed]
Orlando P. Fay J.P.
Page 20

State of New York
Steuben County  SS.

I William H. Bull Clerk of the Court of the County of Steuben do hereby certify that "Orlando P. Fay" before whom the within affidavit purports to have been Sworn was at the date thereof a Justice of the peace in and for said County.  And that I am well acquainted with his hand writing and verily believe that his Signature Subscribed to the said affidavit is genuine.   Witness my hand and Seal of Office this 15th day of October 1833

[signed]
Wm. H. Bull

By A. C. Switzer
Depy. Clerk
Page 21

Prattsburgh
Jany 14

Department of War
Pension Office
Washington

New York  (del'd)
13 Feb. 1834
Page 22

Enclosed I send the papers in proof of John Phelp's claim for a pension.

The first objection marked is "the nearest clergyman".  In explanation I would remark that Elder Thompson was a resident of this neighbourhood until last spring when he removed to the adjoining town of Wheeler which being in our County I supposed it would make no difference.

The next is that the "declarant" was sworn before a Justice"  Which on examination will be seen to be the witness instead of the "Declarant" as he was in "open Court".

Israel Phelps lives in Galway Saratoga Co. (more than two hundred miles from here) and was out here on a visit in September and as our court did not sit until October and he is quite infirm he could not be prevailed on to stay or come again.  Therefore as the only alternative we took his affidavit before a Justice & the certificate of the Justice was overlooked - but we hope the testimony now sent will be satisfactory & sufficient to remove all prejudice.  The two witnesses are men that have removed from Galway as there are many others here.

Major Johnson the Magistrate before whom the affidavits were taken is our Post Master.  If you should deem it of any importance to enquire further I could respectfully refer you to the Hon. Edward Howell our Represen-
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-tative in Congress - as he is acquainted with the Magistrate and witnesses & he will give his testimony to their respectibility [sic].

Last year the papers in favor of the respective claims of Thomas Hamlin & Chauncey Deming were forwarded to your department but we have never heard of the receipt of them.  Will you be so good as to inform me if received how disposing.

Your Obt Servt
[signed]
Erastus Skinner

Prattsburgh
Jany. 13th 1834
Page 24

14370
John Phelps

Admitted
Private 9 months & 12 days

a. j. Dec 20

E Skinner Esq
Prattsburgh
New York
Page 25

WAR DEPARTMENT.
Pension Office.

Nov. 24 '30

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 compling with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the service of John Phelps 
Period when the service was rendered. | [blank]
Duration of the claimant's service. Years. Months. Days. | [blank]
Rank of the claimant. | [blank]
Names and rank of the Field officers under whom he served. | [blank]
Age at present, and place of abode when he entered the service. | [blank]
Proof by which the declaration is supported. | [blank]

I am, respectfully,
Your obedient servant, 
JAMES L. EDWARDS, 
Commissioner of Pensions.
Page 26

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 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
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     and  (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 ones 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 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
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 for 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 o f 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 live now?
4.  How were you called into service; were you drafted, did you volunteer, or were you a substitute?  An if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{ To a Soldier {  Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer. {  Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

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

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

Applicant s 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.

xx {  [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 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 line] year [blank line] months, and [blank line] days, I served as a [blank line],   For [blank line] months and [blank line] days, I served as a [blank line]; 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 directed the pension to be paid according to the grade of the pensioner and length of is 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 int o 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 indispeusable.
[g] The opinion of the Court is always required.
[h] The Clerk mush 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 dame 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 present 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.
[square shape] 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.

x Sworn before justice
x declarant in open court