Revolutionary War Pension and Bounty Land Warrant Application File W. 21397, Elihu Hotchkiss, Conn.
Page 1

(8-1776)

SERVICE
Conn.

Hotchkiss, Elihu
Sally

NUMBER
W.21397

CONTENTS
Page 2

left column
Vermont
====
Elihu Hotchkiss
of Windham in the State of Ver.
who was a Pri in the Conn commanded
by Captain Prentiss of the Reg commanded
by Col. Doughty in the Connt
for State Troops 12 mo
====
Inscribed on the Roll of Ver.
at the rate of 40 Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.
====
Certificate of Pension issued the 3rd day of April
1833 and sent James
Elliott New Krane Vt.
====
Arrears to the 4th of March '83'. $80.00
Semi-anl. allowance ending Sep 4 83.  20.00
====
$100.00
====

{Revolutionary Claim, }
{Act June 7, 1832. }

Recorded by E D Bullock, Clerk,
Book E. Vol. 3 Page 68

right column
Hon. H. Hall
Jany 11, 43 }
-----
let to E H Thomas [illegible] 1843
Page 3

left column

7471
Vermont
====
Conn.  Sally Hotchkiss - deceased - who died on the 7th: February, 1843
widow of Elihu Hotchkiss
who was a pensioner under the Act of 1832
and who died on the 11th: January, 1840 -
of Miniham C in the State of Vermont
who was a private in the company
commanded by Captain Prentiss of the
Regt: commanded by Col. Doughty in
the Connecticut line for 12 months.
====
Inscribed on the Roll of Montpelier
at the rate of 40 Dollars
Cents per annum, to commence on the 4th day of
March, 1836.
====
Certificate of Pension issued the 25th: day of
July, 1843 - and sent to E. H. Thomas
Administrator of Sally Hotchkiss, decd: at
Battleboro, Vermont.
====
Whole amount due . . . .  $200.00

[Act July 7, 1838.]
Recorded by W M Stewart Clerk,
Book A Vol. 2 Page 42.

right column

Repd by letter to P agt
26th:  July, 1843
Page 4

No. 2792
---
Susp. Novr. 29. 1832.
5.11.12


James Elliot
Battleborough
Vt.
E P 119.
Page 5

BRIEF in the case of Elihu Hotchkiss
of Windham Co. in the State of Vermont
(Act 7th June, 1832.)

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

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

3.  How old is he?  75 years

4.  State his service, as directed in the form annexed.
==================
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
-------------
-- | Years, Months, Day. | As a | Gen.
In 1775 April | " 6 " | Private | Capt. Peck, Genl. Wooster,
1776 Spring | " 6 " | " | " Prentis, Col. Doughty
-- | Soon after enlistment, volunteered as an Artificer --

5.  In what battles was he engaged?  White Plains

6.  Where did he reside when he entered the service?  Northampton, Conn.

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary evidence
No Clergyman, no reasons

8.  Are the papers 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.

D. Brown  Examining Clerk.
Page 6

ENVELOPE

Feb 16 1843
Commissioner of Pensions
Washington City

Vt
E. Hotchkiss
Page 7

Brattleborn Feby 11 1843

To the Commissioner of Pensions

Sir, I write you in behalf of the widow of Elihu Hotchkiss, a Revolutionary Pensioner who died on the 11th of Jay 1840 leaving her very aged and destitute & supported entirely by a distant relative who has become poor himself (she had no children)

I am informed that by a recent decision she is entitled to a 5 years Pension from the day of her Husbands death, provided she married him previous to Jany 1 1794. She married him in 1783.

Please inform me what are the necessary steps to be taken to procure this pension.

She has lost or mislain the Pension papers of her late Husband but hopes to find them. Is it absolutely necessary that they should be produced?

Yours Respectfully
E. H. Thomas
Page 8

V  8867
Sally Hotchkiss decd.
Vt.
Act 7 July '38
M 83 d 40
---
Clamt. decd 1 Feby '43
admn
12 mo pre
----
40 %
to Elihu H. Thomas
admr. of Sally Hotchkiss
decd from 4 March
'36 to 4 March '41

E. H. Thomas
Brattleboro
Vt
Page 9

State of Vermont }
District of Marlboro SS }
On this 4th day of April AD 1843 personally appeared before the Probate Court of said District Elihu H. Thomas, adopted son and administrator of the estate of Sally Hotchkiss, who was a resident of Brattleboro in said District and died on the seventh day of February AD 1843 aged Eighty three years who being first sworn according to law doth on his oath aforesaid make the following Declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7th 1838 entitled An Act granting half pay and pensions to certain Widows. That she was the widow of Elihu Hotchkiss who was a private in the Connecticut militia, whose proof of service is already in the pension office and was a pensioner under the act of June 7th 1832 his certificate bearing date April 3, 1833. reference being had to those files. He further declares that said Widow was married to the said Elihu Hotchkiss on the twentieth day of March in the year seventeen hundred & eighty three, that her husband the aforesaid Elihu Hotchkiss died on t he Eleventh day of January AD 1840, the proof of which is already in the Pension office. That she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January seventeen hundred and ninety four to vest at the time above stated.
Elihu H Thomas

Sworn and subscribed the day and year above written
Before me
Marshall Miller Judge of Probate
Page 10

In testimony whereof I do  hereunto set my hand and affix the seal of said Court at New Gasse in said District this 4th day of April in the year of our Lord one thousand eight hundred and forty three.
And I also certify that said Elihu H. Thomas has been also appointed by this court administrator of the estate of the above named Sally Hotchkiss deceased so that he now legally acts in that capacity.

Lemeul Whitney  Register
Page 11

I Jared Weed of Petersham, in the county of Worcester and Commonwealth of Massachusetts depose and say that I have in my case and keeping the Records of said Town of Petersham, from which I make the following extracts to wit; "Elihu Hotchkis and Polly Dean, both of Petersham, were married by the Revd Solomon Reed of Petersham, on t he twentieth day of March, in the year one thousand, seven hundred and eighty three. Recorded by William Willard, Town Clerk".

And I certify that the above is a true copy of the Record, with the exception of the date, which is expressed on the Record in fair and legible words and figures as follows to wit: "March 20, 1783".

I Jared Weed, above named, depose and say that I hold the office of Town Clerk of the Town of Petersham, in the County of Worcester and Commonwealth of Massachusetts, and that the above is a true extract from the Records of said Town of Petersham, with the exception, above named, as certified by me.

I further depose and say that the following is a true extract from the Records of said Town of Petersham to wit: "Elihu Hotchkish entered
Page 12

his intention of marriage with Sally Dean, both residents of Petersham Fe. 21, 1783, W. W. J. C."

And I further depose and say that there is no Record of the intentions of marriage, on the books in my keeping, between Polly Dean and any other person; nor is there any record of the solemnization of marriage between Sally Dean and any other person.

Petersham February 28, 1843.
Jared Weed { Town Clerk of the Town of Petersham }

Commonwealth of Massachusetts
Worcester County for March 6th 1843.

Then personally appeared Jared Weed and made solemn oath that the above affidavit, by him subscribed, is true before me.
Aaron Brooks Jr. Justice of the Peace


Get Clerk's certificate
Page 13

Commonwealth of Massachusetts
Worcester, ss.
I, Joseph G. Kendall, Clerk of the Judicial Courts in and for the said County of Worcester, do certify that Aaron Brooks Jr, Esquire, is a Justice of the Peace, in and for said County, duly commissioned and qualified, as such Justice, and that his signature to the certificate of the oath of Jared Weed, on the preceding page, is in his own proper hand writing.
In testimony whereof, I hereto set my name, and affix the County Seal, at Worcester, this sixth day of March, in the year 1843.

Jos G Kendall Clerk
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No. 63 Windham Co. Vermont.
Elihu Hotchkiss Dec for
Pension August 1832.
No 2,792
Page 15

STATE OF VERMONT.
County of Windham As,
Probate District of Marlborough
At the Probate Court, within and for said District, being a Court of Record.

On this third day of August A. D. 1832 -- Personally appeared in open Court, At Brattleborough in said District, Present. Hon. Marshall Miller, Esquire, Judge
Before the said Probate Court, within and for said District now sitting Elihu Hotchkiss a resident of Brattleboro in the county of Windham and State of Vermont, aged seventy five years, who, being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress passed June 7, 1832 -- That he entered into the service of the United States, under the following named officers, and served as herein stated. At the commencement of the war, in 1775, April I believe, then living in North Haven Connecticut, there came orders to raise men for six months and I engaged for that term under Capt. Samuel Peck of Tilford, Conn. as soon as organized we marched to New York and joined Genl. Wooster. Gen. Waterbury was there with a division of troops, but soon proceeded to Canada. We encamped at Harlem till July. News came that a British fleet at Gardner's Bay was plundering the inhabitants of the east end of Long Island. Gen. Wooster embarked & landed at Oyster Pond Point, had several petty skirmishes, on in Plum Gut, so called, in August. About the 1st Sept. orders came to march for Canada. We embarked and proceeded by New York to Albany. We moved from Albany for Canada by Lake George & Ticonderoga, at which place I was taken sick and remained so to the end of this tour. In the spring of 1776, Jonas Prentis of New Haven was appointed Captain with orders to raise a Company for six  months to join Col. Douglas's regiment. I engaged for that term, we marched to New York and joined Col. Douglas. In a few days there came an order for about twenty carpenters to volunteer out of the ranks. I was one that volunteered. We were promised advanced pay to make up ten dollars a month. We were ordered to Fort Washington on Manhattan Island, with Lt. Seth Abbot, we worked building bomb proofs, barracks, &c. till the Fort was finished. Were ordered to the White Plains, and was at the battle of the 28 Oct 1776. That very day were ordered to Fishkill to build barracks under Col. Brewer. Labored there till the time expired and had a pass to go home. No other discharge. I have sought for months to find one survivor of those campaigns but without effect.

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.

To the interrogatories prescribed by the War Department, he answers, upon his said oath, as follows:

1. Was born in Easthaven, Conn. (then a parish of New Haven) in the year 1757.

2. Has no record of his age - except a private record in a family bible

3. Lived at North Haven Conn when called into service. After the close of the revolutionary war, lived at Petersham, Mass. about seven years, removed to Vermont in the year 1788 and has lived in this county, in the towns of Halifax and Brattleborough ever since.

4. Enlisted voluntarily.

5. The first six month term of service, as above stated, was before the continental troops were organized, so far as I know. In the record term in 1776, Gen. Mifflin commanded at Fort Washington, remembered Col. Cadwaller, Col. Rufus Putnam & others. I was one of eight men in a what 6 out employed to shuttle and sink four ships with a large frame as chevaux de frieze, in the Hudson, to keep the British from rushing in, this was at Fort Washington under Col. Rufus Putnam of the Mass. line.

6. Received no written discharge, other than the pass above mentioned.
Page 16

3. Lived at North Haven Conn. when called into service. After the close of the revolutionary war lived at Petershaw, Mass. about seven years, removed to Vermont in the year 1788, and have lived in this county, in the towns of Halifax and Brattleborough ever since.

4. Enlisted voluntarily

5. The first six months term of service, as above stated, was before the continental troops were organized, so far as I know. In the second term in 1776, Gen. Mifflin commanded at Fort Washington, remembered Col. Cadwallader, Col. Rufus Putnam & others. I was one of eight men in a whale boat employed to shuttle and sink four ships with a cargo frame as chevaue de frieze in the Hudson, to keep the British from passing up, this was at Fort Washington under Col. Rufus Putnam of the Mass. line

6. Received no written discharges, other than the pass above mentioned.

7. Refers to Hon. Lemuel Whitney & Mr. Uriel Sikes, under this interogatory, there being no clergyman in the vicinity, who can give the testimony required.

Elihu Hotchkiss

Sworn to and subscribed the day and year aforesaid.

Marshall Miller Judge of Probate

We Lemuel Whitney a citizen residing in the town of Brattleborough in said county and Uriel Sikes of Brattleborough in said county, hereby certify, that we well acquainted with Elihu Hotchkiss who has subscribed and sworn to the above declaration; that we believe him to be seventy five years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Lemuel Whitney
Uriel Sikes

Sworn, and subscribed, the day and year aforesaid.

Marshall Miller Judge of Probate

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 Lemuel Whitney, who has singed the preceding certificate, is a resident on the said town of Brattleborough and that Uriel Sikes who has also signed the same, is a resident in the town of Brattleborough.
I James Elliot, Register of the Probate Court, within and for the District of Marlborough aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Elihu Hotchkiss for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this third day of August A.D. 1832.

James Elliot, Probate Register
Page 17

Rev WIDOW, &c.

File No. 21397
Salley Hotchkiss
widow of
Elihu Hotchkiss
Priv Rev War

Act: July 7th 1838
Index:- Vol. A, Page 350

[Arrangement of 1870]
Page 18

[page is blacked out]
Page 19

return this



admt
private 12 mo
40

James Ellott
New Fane
Vt.
Page 20

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Elihu Hotchkiss which require further proof or explanation.

I. Does the declaration show where the applicant resides?

II. Did the declarant make the declaration in the county where he resides?

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?

V. Has he mentioned 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?  no: If he claims as an artificer, he must be definite, and amend his declaration according to note A,

VI. Has he given the names of the officers under whom her served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Page 21

2

XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  No

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No
[Mistake - There is a "reason assigned" in Mr. Hotchkiss' original Declaration. T. E.]

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?

XIV.  *If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age as to have a personal knowledge of the applicant's service?

XVI.  *Are the papers authenticated as the regulations direct?

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

----------------------

EXPLANATORY NOTES.

*QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his 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 service I claim a pension."
Page 22

3

It is important in all cases to determine with precision the period for which the 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.

*QUERE XIV.  Proof of Service.
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 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.

*QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
Page 23

Brattleboro April 6 1843

J L Edwards
Commissioner of Pensions

Sir, Enclosed you will find a declaration and vouchers for a Pension to Polly Hotchkiss the widow of Elihu Hotchkiss.

In the Record of the Marriage you will perceive the name is under Polly but in the Publishment it is written Sally.

The deposition of Mr. Whitney I think, will satisfy you that Sally is the proper name.

The Town Clerk of Petersham in his letter to me says that he has no doubt but Polly & Sally are the same individual and Mr. Whitney says that old Parson Reed was addicted to his bottle & made some queer mistakes.

The period between the deaths of Mr. & Mrs. Hotchkiss you will perceive as three years & 26 days.

Respectfully
 E. H. Thomas
Page 24

Brattleboro May 31 1843

J L Edwards

Sir

Enclosed you will find the additional information required to establish the claim of Sally Hotchkiss to a Pension.

Yours Respectfully

Elihu H. Thomas
Page 25

State of Vermont
District of Marlboro   JS

I Lemuel Whitney, Register of the Court of Probate holden at Brattleboro in and for said District, do certify that satisfactory evidence has been exhibited to said Court that Sally Hotchkiss, Widow of Elihu Hotchkiss late of Brattleboro in said District, a Revolutionary Pensioner of the United States deceased, died on the Seventeenth (17th) day of February A.D. one thousand eight hundred and forty three (1843). And that she never had any children.

In testimony whereof I do hereunto set my hand and affix the seal of said Court at Brattleboro in said District this ____ day ____ in the year A.D. 1843.

Lemuel Whitney Register.
Page 26

FORM (blank)

Payment to be made
at
by
Agent for paying pension-
ers, in the Agency of


Payable on the 4th March
and 4th September in each
year.

Recorded in the Pension
Office, in Book ___ Vol. ___
Page ___ by ___


Clerk.
Page 27

WAR DEPARTMENT.

Widow's Pension.

I certify that in conformity with the act of July 7, 1838, Sally Hotchkiss, deceased, who died on the 7th February, 1843 widow of Elihu Hotchkiss who was a private and died on the 11th day of January, 1840 is inscribed on the pension list at the rate of Forty dollars and --- cents per annum, commencing on the 4th of March, 1836, and terminating on the 4th of March, 1841, unless the Pensioner married or died before the last mentioned date; in which case the pension is not payable after the time of such marriage or death.

Given at the War Office of the United States, this 25th day of July, one thousand eight hundred and forty three.

Secretary of War.
Examined and Countersigned. }

Commissioner of Pensions.
Page 28

I Lemuel Whitney of Brattleboro in the County of Windham and State of Vermont, of lawful age, do depose and say: That my native Town was Petersham in the County of Worcester and Commonwealth of Massachusetts; That the Record of my birth was 18th of October, 1764; That I am no over 78 years of age; That I lived with my Parents at said Petersham, the greater part of the time, during my minority, and continued my residence in said Petersham, until my removal to Vermont, which was in the year 1790.
That when living at my Father's in said Petersham, about the year 1778 or 1779, Mr. Elihu Hotchkiss came to said Petersham, from East Haven in Connecticut to establish himself in business as a Cabinet maker and Housejoiner, and became a boarder in my Father's family; and I was his Bedfellow. Mr. Hotchkiss continued to live in Petersham, [until] after his marriage to a Miss Sally Dean with whom I was well acquainted; Their Marriage I think was in the year 1783. Soon after their Marriage, Mr. Hotchkiss removed with his Wife Sally (for never had another.) and family to Halifax, in this State; and since my residence in Vermont, I have been to his House in said Halifax..
Subsequently, Mr. Hotchkiss sold his property in said Halifax and purchased in Brattleboro, where he and his family have lived and cohabitated until the days of their death.
The decease of Mrs. Sally Hotchkiss was in Feby of last past. Mr. Hotchkiss was a very ingenious Mechanic. He was the Inventor of the family Strawcutting Machine; of which he obtained from Congress a Patent. He received also, a premium, for some ingenious Machinery, at the cattle show at Brighton Mass. But his ingenuity however, never made him a rich Man. He was a Revolutionary Soldier, and a Pensioner of the United States.
And further the Deponent saith not.
Lemuel Whitney
Page 29

State of Vermont }
Windham SS }
Brattleboro March 22 1843
There personally appeared the [illegible] named Lemuel Whitney and made solemn oath that the [illegible] [illegible] [illegible] [illegible] here subscribed contains the whole truth and nothing but the trust Before Me
Asa Keyes, Justice of the Peace

And I do further certify that Lemuel Whitney the deponent is a man of truth & reprocity and has the general reputation & whose testimony full faith and credit ought to be given.
Asa Keyes Justice of the Peace

State of Vermont
Windham County Court Clerk's Office
Newfane April 4 AD 1843

I Marshall Miller, Clerk of said Court, certify, that Asa Keyes is a Justice of the Peace within & for said County, duly commissioned and qualified, that his commission bears date November 9th AD 1842 and will expire on the 30th day of November AD 1843 and that his signatures above written are genuine.
In testimony whereof, I hereunto set my hand and affix the seal of said Court the day and year first above written.
Attest Marshall Miller, Clerk
Page 30

Elihu Hotchkiss'
Supplementary Affidavit
Page 31

State of Vermont - Windham County SS.
New Fane, December 20th A.D. 1832.

Personally appeared before me, the undersigned, a Justice of the Peace within and for the County aforesaid, Elihu Hotchkiss, of Brattleborough in said county, who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of member, he cannot swear positively as to the precise length of his service, with any more particularity than he has already done before the Probate Court for the District of Marlborough, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grade:

For six month, from April 1775 to October 1775, I served as a private soldier.

For six months, from about May 1776 to November 1776, I served as a private soldier, during a part of which time I was employed as a carpenter in the manner already stated in my declaration.

And for such services I claim a pension.
Elihu Hotchkiss

The said Elihu Hotchkiss then and there made solemn oath that the above affidavit, by him subscribed, contains the truth the whole truth and nothing but the truth.
Before me.
James Elliot, Justice of the Peace

State of Vermont -
Windham County Court Clerk's Office
New Fane, December 20, A.D. 1832.
I certify that James Elliot, Esquire, is one of the Justices of the Peace within and for the County of Windham aforesaid, and that the above is his signautre.

In testimony whereof I have hereunto set  my hand and affixed the Seal of the said County Court on the day and year above written.
James Elliot, Clerk.

Memo - It appears by Mr. Hotchkiss' original declaration that he served almost the whole of the second term of six months as an artificer, if the volunteer carpenters who [labored] in the manner he describes were considered as artificers.
J.E.