Revolutionary War Pension and Bounty Land Warrant Application File S. 9839, Zachariah Comstock, Vt.
Page 1

(3 - 1776) NUMBER
Vt. Comstock, Zachariah S. 9839
CONTENTS carded
Page 2

Let to T Fleming
May 18 - 34
Decd see letter to BP. Agt
Nov 4, 1834

New York 28.723
Zachariah Comstock
of Essex Co. in the State of New York
who was a Private in the Company command
by Captain Comstock of the Regt command 
by Col Fletcher in the Vermont
line for 9 months
Inscribed on the Roll of New York
at the rate of 30 Dollars - Cents per annum
to commence on the 4th day of March 18
Certificate of Pension issued the 27th day
1834 and sent to
R Whallon H Reps

Arrears to the 4th of March '34 $90.00
Semi-anl. allowance ending Sept 4'34. 15.00
_____
$105.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Sam H. Page
Book E Vol. 4 Page 131
Page 3

Z. Comstock
22237

Allowd 
9 mos. pri
30$
Page 4

State of New York 
County of Essex ss⎬
 On this 28th day of September
1832 personally appeared in Open Court before the Judges
of the Court of Common Pleas of the County of Essex now
setting Zachariah Comstock a resident of the Town of
Jay - in the County of Essex and State of
New York aged sixty seven years who being first
duly sworn according to Law doth on his oath
make the following declaration in order to obtain
the Bennefit of the act of Congress passed June 7th 1822

Thatt he entered the service of the United States
under the following named Officers and served
as herein stated

In the month of April 1781, at Sunderland County of Bennington Vermont
he Entered the service as a volunteer in the company Commanded
by Daniel Constock Leutenant James Lewis 1st Leutenant 
and David Demick was 2nd Lieutenant General
[illegible] Commanded Col Samuel Fletcher was Col
of the Regiment he belonged to Remembers Major
Gideon Ormsby Eli Cogsell Commissary and Thos.
Tallman Paymaster and marched with his Regiment
through Manchester Vermont Dorsett [illegible]
to Pittsford and was stationed there nine months
and their returned to Sunderland after being
dismissed at Pittsford Vermont was in no
Engagement went to Ticonderoga in the State of
New York in one occasion and then returned 
and to Pittsford again without fighting
only out in the service of his County this
being that he has no documentary Evidence
of his service and that only the following
person are knowing to his having served to wit
Azel Abell of the Town of Elzabethtown County
Page 5

of Essex and State of New York Levi Comstock and Lyman
Avery of Shelburne County of Chittenden, and State of
Vermont and those he has obtained as will be
seen by their respective affidavits hereunto 
attached was born in [illegible] State of Connecticut
in the year 1765

He hereby relinquishes every claim whatever
to a pension or annuity except the present and
declares that his name is not in the pension
roll at the agency of any State
Zachariah Comstock

Sworn to and subscribed the day and year aforesaid
Leonard Comstock

1st Where and in what year was you born
was Born in [illegible] State of Connecticut
in the year 1765 on the 15th November
as he is informed by his Parents
Page 6

2nd Have you any record of your age and if
so where is it?
Has no record of his age

3rd Where were you living when called into service
where have you lived since the Revolutionary War
and where do you now live?
When called into the service he lived in the 
Town of Sunderland Vermont moved from then to
Shelburne Vermont and from there to Jay County
of Essex and State of New York and resides
there now

4th How were you called into service were
you drafted did you volunteer or were you
a substitute
and if a Substitute for whom
Volunteered into the service in the
year 1781 in the month of April and was out
nine months

5th State the names of some of the regular Officers
who were with you the troops where you served
such continental and militia regiments
as you can recollect and the general
circumstances of your service.
General Enos Col Samuel Fletcher Major Gideon Ormsby Captain
Daniel Comstock, Lieutenants James Lewis and David Demmick
Eli Cogsell  Commissary Thomas Tallman Paymaster don't
Recollect the other troops or Regiments
Page 7

was stationed for the most part of nine months at
Pittsford and when not there on the way to Ticonderoga 
and returning to Pittsford never was in any
engagement

6th Did you receive a discharge from the
service and if so by whom was it given
and what has become of it
No discharge ever Received by him but 
was verbally dismissed

7th  State the names of persons to whom
you are known in your present neighbourhood 
who can testify as to your
Character for veracity and their belief of your 
service as a soldier of the revolution
Joseph G. Whitman Joseph Stones
& Joseph Ellis

We Joseph Whitman, residing
in the Town of Jay, county of Essex and 
State of New York and Joseph Ellis 
residing in the same place hereby certify
that we are well acquainted with, Zachariah
Comstock who has subscribed and sworn to the
above declaration, that we believe him to 
be sixty years of age that he is reputed
and believed in the neighbourhood at the
resides to have been a soldier of the revolution
Page 8

and that we concur in that Opinion
Sworn and Subscribed Joseph J. Whitmer
the day and year aforesaid Joseph Ellis
Leonard Comstock

And the said Court do hereby declare the
Opinion after the investigation of the matter and
after putting the interrogatives 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 Joseph G. Whitman who has
Signed give the preceeding certificate and Joseph Ellis
who has also signed the same
is a resident in the Town of Jay County
of Essex and State of New York and are
credible person and that their statement
is entitled to credit

I. Leonard Stow Clerk of the Court of Common Pleas
of the County of Essex do hereby certify that the foregoing 
contains the Original proceedings of the said
Court in the matter of the application of Zachariah
Conmtock for a pension
In testimony whereof I have hereunto set my hand and
of Office this 28th day of September 1832
Leonard Stow Clerk
Page 9

I Levi Comstock of lawful age being duly
sworn do Depose and testify and say that Zachariah Comstock of
Jay in the County of Essex and State of New York
enlisted in Capt Daniel Comstock Company of State
troops at Sunderland in the State of Vermont in
the spring of 1781 and marched with me to Fort Vengeance
in Pittsford and there served Nine Months a private
and was dismissed
And further say not
Levi Comstock


Shelburne August 17 1832
Then personally appeared
Levi Comstock of Shelburne in the
County of Chittenden and State of Vermont and
after being carefully examined and duly cautioned
made solemn oath that the foregoing deposition 
by him subscribed contains the whole
truth and nothing but the truth
Before me
Samuel Blin Justice Peace

And I hereby certify the above Deponent
is a credible witness
Samuel Blin Justice Peace

State of Vermont
Chittenden County ⎬
I Nathan B Haswell Clerk of
Chittenden County Court do
hereby certify that Samuel Blin
Esqr before whom the foregoing affidavit
is taken is a Justice of the Peace
duly qualified, acting under the
authority of this State, and that
his name thereto subscribed is his
own proper signatures
In testimony whereof I have hereunto
at my hand and affixed the seal of said Court at the
this 17th day of August AD 1832 Nathan Braswell
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Levi Comstock
Deposition
for Z. Comstock
Pension
Page 11

Z. Comstock

Wyman Averill
Deposition
for Z. Comstock
Pension
Page 12

I Wyman Averill of lawful age being duly sworn
to depose & testify and say that Zachariah Comstock 
of Jay in the County of Essex and State of New York
served with me as a soldier in Capt Daniel
Comstock's Company of Vermont State troops nine months
in the year 1781 as a private
And further say not 
Wyman Averill

State of Vermont
Chittenden County
Shelburne August 17. 1832
Then Wyman Averill of Shellburne in the County 
of Chittenden and State of Vermont Personally 
appearing and after being carefully examined 
and duly cautioned made solemn oath 
that the foregoing deposition by him subscribed
contains the whole truth and
nothing but the truth
Before me Samuel Blin Justice Peace

I hereby certify the above Deponent
is a credible witness
Samuel Blin Justice Peace

State of Vermont
Chittenden County
I Nathan Braswell Clerk of
Chittenden County Court do hereby
certify the Samuel Blin Esqr before
when the foregoing affidavit was taken
was at the time thereof a Justice of the
Peace duly qualified acting under the
authority of this State, and that his
name thereto subscribed is his own
proper signature
In testimony whereof I have hereunto set my hand and affixed the
seal of said Court this 17th day of Oct AD 1832
Nathan Braswell
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Z Comstock
22237

allowd 
9 mo pri
30$
Page 14

State of New York
County of Essex
I Azel Abell of the Town of 
Elizabethtown County of Essex and
State of New York being duly
Sworn in open Court do depose and say
that I am well acquainted with Zachariah
Comstock of the Town of Jay County of Essex
and State of New York, and that he is a
man of about sixty seven years of age at the
Present time that I was well acquainted with
her during the war of the Revolution
and that he was stationed with this deponent 
with the Vermont Troops in the Town of
Pittsford County of Rutland and State of
Vermont that he belonged to Captain
Daniel Comstock Company of Infantry
in Colnel Fletcher Regiment that he
served as a private in the said Company
in the 1781. and this deponent knows that the
said Zachariah Comstock was out 
with the said troops for the space of nine
months and further this deponent saith
not
Azel Abel
Subscribed and sworn
this 28th day of September
in Open Court
Samuel Snow Clerk

I certify to the Credibility of Azel Abel
of sd Town & County [illegible] above witness
24th May 1884 Reuben Whallen
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22237
Z Comstock
.
Admd
Hon R. Whallon
Edmund F. Williams [crossed out]
Elizabethtown  Essex County [crossed out]
New York
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WAR DEPARTMENT,
Pension Office,
183
Sir,
The evidence in support of your claim, under the act of June 7, 1832, has
the papers and herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
 A Statement, showing the service of Zacharias Comstock, Jay, Essex New York
Period when the service was rendered
Apl [illegible]
Vo 1781

Duration of the the claimant's service
9 months.

Rank of the claimant
Private

Names and ranks of the Company officers under whom he served. ┃
Capts
Comstock
Lt. Lewis

Names and Rank of the General and Field officers. 
Cols
Fletcher
G. Enos

Battles in which the applicant was engaged.
None

Country through which he marched.
Manchester
Dorset
Pittsford

Place of abode when he entered the service, and age at the present
[illegible]
Bennington County Vermont
aged sixty seven years 

Evidence by which the declaration is supported
Living Witnesses
Levi Comstock
Wyman A[illegible]
Azel Abel

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies. As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance , make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION. In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory District of 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 pension 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. 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. [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 --- 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
Page 18

3 will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that 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 rules laid down for his guidance [b] The declarant must make his declaration in the county were 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 clamant 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 worn, deposes 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 persons mentioned below, and in the following grades: For --- years ---- months, and -----days, I served as a . For months and days, I served as a ----- for ----- months ----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 miliia, &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 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 in can be distinguished from any other seal, or if he has no public seal of office the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. Mode of authenticating papers. in every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon the ends of which must pass under the seal of office of the certifying once, 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 claimants 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 credibly of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. the notes [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 indispensible 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
Page 19

New York 28.723
Zacherias Comstock
of Essex Co in the State of New York
was a Private in the Company commanded
Captain Comstock of the Regt commanded
by Col. Fletcher in the Vermont
9 months

Inscribed on the Roll of New York
at the rate of 30 Dollars ____ Cents per annum 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24th day of May
1834 and sent to
R Whallon HReps

Arrears to the 4th of Mar 34 $90.00
Semi-anl. allowance ending Sept 4 34 15.00
_____
$105.00

 Revolutionary Claim,
⎨Act June 7, 1832   ⎬

Recorded by Saml H. Page Clerk,
Book E Vol. 4  Page 131
Page 20

Rev War
1839
INVALID.
No. 9839
Zacharia Comstock
Pri Rev War
---
Act: June 7th 1832
Index: -- Vol. 1  Page 76
{Arrangement of 1870.}
Page 21

Payments to be made 
at New York
by Pres Mech Bank
Agent for paying Pensioners, 
in the Agency of
New York
Recorded in the Pension 
Office in Book E Vol. 4
Page 131 by
Saml H. Page Clerk
Page 22

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.

I certify that in conformity with the law of the United States
of the 7th June, 1832, Zacharias Comstock
of the State of New York
who was a Private in the Revolutionary War
is entitled to receive Thirty dollars and
--- cents per annum, during his natural life, commencing
on the 4th of March, 1831, and payable semi
annually on the 4th of March, and 4th of September in
every year

Given at the War Office of the United States
this 24th day of
May one thousand eight
hundred and thirty=four
Lew Cass
Secretary of War.

Examined and
Countersigned.
Commissioner of Pensions.