Revolutionary War Pension and Bounty Land Warrant Application File S. 23,092, Hezekiah Agard, Conn.
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(3 - 1776)
SERVICE Number
Conn. Agard, Hezekiah  S. 23092
CONTENTS
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4627 New York 
Hezekiah Agard
of Livingston Co in the State of New York
who was a Private in the company commanded
by Captain Beebe
of the Regt commanded
by Col Hinman in the Connecticut
line for 9 months 10 days
Inscribed on the Roll of New York
at the rate of 31 Dollars 11 Cents per annum
to commence on the 4th day of March, 1831
Certificate of Pension issued the 23 day of Jany
1834 and 
and sent Hon I Dickson
Ho Reps
Arrears to the 4th of Sept '33 $77.77
Semi-anl. allowance ending Mar '34 15.55
$93.32
{Revolutionary Claim,
Act June 7, 1832}
Recorded by Jno Cromwell Clerk
Book E Vol. 4 Page 42
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Hezekiah Agard
Application
21498
Direct. to
Leman Gibbs
Livonia
Livingston County
N. York
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State of New York
County
of Livingston ⎬ ss On this 28th day of September 1832 personally appeared in open court 
before the County Court of Livingston County aforesaid now sitting Hezekiah Agard a resident 
of the town of Consey in the said County of Livingston
aged 75 years of age 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-
That in the year 1775 in
the forepart of the month of April thinks it was
the fifth day - he enlisted into the State Troops
the State of Connecticut in a company commanded by Captain Bargely Beebe Lieutenant
Foote given name not recollected and Thomas
Catlin was Ensign - Marched from Litchfield
in the State of Connecticut (where he resided
where he entered the service) to Fort Ticonderoga in the State of New York and was
attached to a regiment Commanded by Colo. Hinman
of Woodbury Connecticut David Welsh
was Major think there was no other field officer
General Schugh commanded the Troops - General
Montgomery was there awhile until he went down
the lake to St. Johns &c. Some part were employed
in making Batteaux and cutting a road to
Crown Point while others were guarding - that the
last of September he was discharged being sick
and was carried home-- no written discharge-
That in the year 1777 went in an alarm when
Danbury was burnt didn't get there until after
the burn being burnt on Saturday arrive there
on Sunday Captain Alexander Waugh Lieunt
Samuel Gibbs - Samuel Harrison was Ensign
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had a short fight with the enemy had
his file Leader killed & right hand man wound ed - Genl Arnold commanded, was out 2
Weeks- That in the fall of 1777 was drafted
in the Militia Capt Alexander Catlin went
to Crompond in the State of New York a little east of Fishkill the enemy lay in their shipping near
Red Hook - was then at the time Genl Burgoyne surrendered had a day of rejoicing. Genl Put
commanded & made a speech-- was out
3 weeks. That he was out in an alarm when
Esopy was burnt Capt. Alexander Catlin out
five days - another time when the enemy
sailed up the River - went to Fishkill on the north ┃
river - Captain Alexander Catlin out 5 or 6 days
cant determine the year.
That in the year 1781 was
drafted in the militia of Connecticut
on the 10th of September and served two month in a company
commanded by Captain Alexander Catlin
Ensign Goff was stationed at New
Haven to guard the town and its vicinity-- was
discharged the 10 day of November after Lord
Cornwallis suriendered.
Was born in the town of Litchfield in
the State of Connecticut in the year 1756 on the 10 November.
No record of his age
Lived in the town of Litchfield aforesaid
when called into service as aforesaid
Lived after the Revolution in Litchfield
until 1805. Then moved in Delaware County New York
From thence to Convey aforesaid where he now lives
Called into service as above recited
Never recd any written discharge
That he served in all ten months-
That he has no documentary evidence
and that he knows of person whose
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testimony he can procure who can testify to his service-
He hereby relinquish every claim
to a pension or annuity except the present
declary that his name is not on the
Pension Roll of any agency of any State
Sworn to & subsribed the day and
year aforesaid -
in open Court J.G. Haven Clerk
Hezekiah Agard
Ruel Blake Esq a resident of the town of
Livonia in the County of Livingston aforesaid
and Leman Gibbs a Judge of County Court
of Livingston County hereby certify that we
are well acquainted with Hezekiah A
scribed and sworn
to the above declaration that we believe
him to be 75 years of age - that he is reputed
and believed in the neighborhood when
he resides to have been a soldier of the
revolution and that we concur in that
opinion- and that we never heard the
correctness of such opinion questioned
Sworn to and subscribed the
day & year aforesaid -
in open court S. G. Haven Dep Ck
Leman Gibbs
Brick Blake
And the said court do hereby declare their opinion after the investigation of the matter and after putting
the interrogatories prescribed by the War department
that the abovenamed applicant was a revolutionary
soldier and served as he states. And the Court
further certifies that it appears to them that Luman Gibbs a Judge of said Court & Ruel Blake Esq who
have signed the preceding certificate are resident
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Hezekiah Agard
Application
21498
in the town of Livonia in said County and
are credible persons and that the statement
is entitled to credit-
I Chau R. Bond Clerk of the Court of Common Pleas of
Livingston County do hereby certify that the
foregoing contains the original proceedings
of the said Court in the matter of the
application of Hezekiah Agard for a pension
In testimony whereof I have hereunto be my
my hand and seal of office this 31st day of
October 1832
C. R. Bond Clk
by. S.G. Haven Dep clk
=
N. York
Livingston County
Livonia
Leman Gibbs
Direct to
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State of Newyork
Livingston County
Personally appeared before me
the undersigned a Judge of Livingston County Court
Hezekiah Agard who being duly sworn deposeth &
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
In the year 1775 for five months and twenty
days as a private - for one month & twenty
days in the year 1777 as a private - for two
months in the year 1781- making in all nine
month & ten days as a private - and for such
service I claim a pension
The said Agard upon his oath aforesaid
for the days that the interrogatories required
to be made by the War department were put
by the Court and the answers given were as
embodied in his application for a pension
and further the deponent saith not
Subscribed & sworn to
this 23 day of July 1833
Before me
Leman Gibbs a Judge
Herekiah Agard
of Livingston County Court
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State of Newyork
Livingston County ss
Personally appeared before me
the subscribed a Judge of Livingston County Court
Oliver Woodruff who being duly sworn deposeth
and saith that in the year 1775 he knew Hezekiah Agard who then resided in the town of Litchfield
in the State of Connecticut and that he & the said
Agard enlisted into the service of the United States
Connecticut State Troops as this deponent believes
about the first of April in the said year 1775 into
a company commanded by Captain or Lieutenant Contt
Barela Beebe - Regiment commanded by Colo
Hinman. were marched to Ticonderoga in
the State of New York. This deponent recollects
that the said Agard marched with the said
company and served in said company during the
summer but cant recollect when he left the service or how long he served-- but recollects that
he enlisted for six months of the time of enlistment
he has no doubt-
Subscribed & sworn to
Oliver Woodruff
this 20th day of July
1833 Before me
Leman Gibbs a Judge
Leman Gibbs the Judge before the
whom the the foregoing affidavit was taken
do certify that Oliver Woodruff the deponent
to the foregoing affidavit is a person of credibility & veracity - dated July 20. 1833
Leman Gibbs - Judge
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State of New York
Livingston County
I certify that Leman Gibbs before whom the
within affidafits of Hezekiah Agard and Oliver
Woodruff purport to have been taken and also
whose signature appears to the within certificate
of credibility was at the dates thereof a legally
authorized Judge of Livingston County Courts
And that I am well acquainted with his hand writing and
verily believe his name subscribed to the Jurat of the said
affidafits and to the said Certificate is his own proper hand
writing & signature
Witness my hand and seal of office this 2d of January 1834
Chauncey R. Bond Clerk
of Livingston County
By. S.G. Haven Dep clk
Adm D
9 mo 100
$31.11
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21498
Hezekiah Agard
N. Y.
Admd
to
3/-
Hon. M Dickson
Leman Gibbs
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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 show 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, showing the service of Hezekiah Agard. Livingston Co N.Y.
Period when the service was rendered.
Duration of the claimant's service.
Years. Months. Days.
Rank of the claimant.
Names and Rank of the Company officers under whom he served.
Names and Rank of the General and Field officers.
Battles in which the applicant was engaged.
Country through which he marched.
Place of abode when he entered the service, and age at the present period.
Evidence by which the declaration is supported.
Enlisted Apl 75
not Stated Capt Beebe Col Hinawa N.Y. 75
'77 about 14
Feb '77 - - 21 N.Y.
- 7 " " "
- 5 or 6 " " "
drafted '81 10 Septr 2 "In all 10 mos."
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, or District of County of }ss.
On this day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the 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 any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years
 of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but it 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 claim, and is the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3

 

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

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?

2. Have you any record of your age, and if so, where is it?

3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?

4. How were you 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 service as a soldier of the Revolution.

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

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

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 declarations before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

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

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

_______________

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.

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

(c) The age of the claimant must invariably be mentioned.

(d) The declarant must mention the period or periods of the war when he served.

(e) Every continental officer or soldier must 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. 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 _____ year ___ months and _____ days, I served as a ______. For _______ months and ________ days, I served as a ___________; and for such services 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 length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the years, 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 services 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 emplo9yed in any civil pursuit.

(f) The law makes the relinquishment indispensable.

(g) The opinion of the court is always required.

(h) The Clerk must give his certificate in every case.

(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signatures 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 certificates must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service

(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

The notes from (a) to (i) are all equally applicable to the exam of Militia men, Volunteers and state Troops. The proof required by rule in case (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 in the interrogatories must all be written, and sent to the War Department, with the declaration.

W. L. Williams Cx Clk
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Jan 22/98. History to Mr.
Chas. W. Agard, New Bedford
Mass.
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23092
Revolution
INVALID.
File No. 23092
Hezekiah Agard
Pri Rev War
Act: June 7th 32
Index:--Vol. 2, Page 19
[Arrangement of 1870.]
Page 17

A. & N. S. Division
Jan 17 1898 
U.S.P.B.
Old War & Navy Files
Jan 19 1898
U.S.P.B
U.S. Pension Office
Jan 14 1898
Page 18

U.S. Pension Office Jan 14 1898
A
Wamsutta CLUB-
New Bedford-
Jan. 12th 1898
To the Pension Office,
Washington D.C.
Commissioner of Pensions
Sir,
"Hezekiah Agard" 
a soldier of the Revolutionary War 
from Connecticut Litchfield or 
vicinity though not a 
Pensioner had Bounty Land 
awarded for service.
The Official papers were never
used by his people who still
have them but are not
getatable.
The grant said to be in
Illinois and supposed to
wife or children later on,
not direct to him.
Kindly have me advised
of detailed information
from the application papers
and other Official records
as to his services, also the
Page 19

award and especially as to
any personal and family
information they may show
"as the Litchfield County
Records, have been burned
twice in 70 years"
"The Conn. Adj. Gen Records"
show he was discharged on
Sep 2nd 1775 in North Dept.
with others from 4th Co.
Capt. David Welch Col. David
Wooster 1st Regt. Cont. Line
raised in New Haven County.
Enlistment Roll missing
The Record and Pension Office
War Dept. have him in
Capt. Bezaleel Beebe's Co. in Col.
Andrew Ward's Conn. Regt
under Genl. Chas. Lee on Expedition to N.Y.
Also on a
"Statement at Litchfield
Jan 26 1776, showing his gun
appraised for 2.5.0."
Fee or charges for desired
details on notice
Charles W Agard