Revolutionary War Pension and Bounty Land Warrant Application File R. 5275, Elisha Howard, Mass. Vt.
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(8-1776)
Service Number
Mass. Howard Elisha
R.5275
Vt.
contents
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Elisha Howard
Declaration
25313
Isaac Wilson agent
Attica
London Genesee Co.
N.Y.
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State of New York
County of Genesee SSS
On this 14th day of May 1833 personally appeared
before me Isaac Wilson first Judge of said County of Genesee of the
Court of Common plead being a court of record and 
having a seal Elisha Howard a resident of the town of Covington in the
County of Genesee and State of New York. aged seventy four years the 1st day of June next
who being first duly sworn according to Saw 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 about the latter part of August or 1st of September as near
as he can recollect in the year 1776, at the Town of Munson County of
Springfield Mass. he entered the service of the United States by enlistment
(but cannot now remember the length of time, which he enlisted) into a company
my commanded by Lieut Nathan Hoar (does not recollect the name of the
Captain), and was attached to a Regiment commanded by Col. Howe of
Chickaby & Gen Lincolns Brigade & supposes that he belonged to the
Massachusetts State troops, that in said Company the marched from
Munson aforsd to old Hartford & from thence to the City of New Haven
Ct. Bradford, [illegible] to Frogs point where his Regiment joined the
Brigade where he was stationed some time, when the british forces landed
from the sound and commenced an attack on the troops at that place, a 
considerable battle ensued & this declarant was engaged in that action, numbers
were killed & wounded on both sides, and the american troops were forced to
fall back to White plains 4 or 5 miles where after remaining a short time ┃
they were again attacked by the british forces & a pretty general engagement
ensued and this declarant took part in that action. That at that
time Col Morelys Regt. of Connecticut troops was very much cut to
pieces. That at or near Whiteplains he see Gen Washington Gen Lee
Gen Lincoln & That some time after the battle of White plains
this declarant was taken unwell or sickly & was unable to do duty and
the received from Gen. Lincoln a written discharge and pass to return
home. And this declarent further says that according to his best knowledge
and belief he was out in the service of the United States on this tour of duty
not less than three months.
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And he further says That some time in the month of March 1777. at
the town of Munson afrsd he the said Elisha Howard Enlisted into a 
Company Commanded by Capt Burt or Burk *which he is not certain) of
Long Meadows on Connecticut River of the Massachusetts state troops. That was attsched to no particular regiment that he knew of. That he enlisted its said Company for ten months. Which Company was a kind of [illegible] corp 
raised for the purpose of Guarding publick Store Ammunition Waggon
&c. That he marched from Munson aforesd to Springfield where
was a laboratory & collection of publick Stores and was stationed at
the barracks on what was called Gallows hill, & that he continued to duty
at Springfield & in that vicinity during the whole period of his enlistment- 
That he was on guard & drill duties & often on fatigue duty
lading & unlading & taking care of publick Stores. That while
at that place in the fall of that season a detachment of Burgoynes Hessian
were marched that way & large quantities of Burgoynes artillery
Arms & military stones were deposited there. That he continued in
service untill the termination of his engagement. and received a
written discharge signed by Capt Burt or Burk having been
the service of the U.S. at that time not less than ten months
and that he returned home in December or 1st of January

And this declarant further says that the year and at the
time of the alarm occasioned when the Tories & Indians burnt the town of
Royalton on White River in the State of Vermont, he resided in the town of
Hartland Windsor Co. Vt. and that on said Alarm he volunteered
at Hartland afored into a company commanded by Capt Elias Weld &
Sgt John Grow, And this declarant with the said Compy Marched in
great haste to Royalton in time to witness the town in smoke & that
he with a considerable body of Volunteers immediate & hastily pursued the
retreating foe & continued the pursuit through the wilderness, over the Green
Mountains & as far as Burlington on Lake Champlain, that they came
near the enemy but not near enough to bring them to action. When they
arrived at Burlington the enemy had embarked & were in fair view in their
canoes, on the Lake - Compelled to relinquish pursuit the volunteers
and this declarant with then returned to their homes-- having been out in
service of the W. Seales he thinks not less than twenty days.
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[top cut off] (transcription of bottom of previous page)
and this declarant with them returned to their homes -- having been out in
service of the U. States he thinks not less than twenty days.
---------------------------------

And further that in this expedition the forces were under the General
command of Col. House of Dartmouth of the New Hampshire militia 

And this declarent further says that in these three several

tours of duty he was in the service of the United States as set forth as a
private soldier, according to his best recollection & belief not less than one
year, one month and twenty days for which he claims a pension, but from
his advanced age infirmity of body & consequent loss of memory he can
not now be more particular as to date of his enlistment or discharges
circumstances of his service officers & Regiments where he served &c.

That in answer to the Interrogatories put by the Judge he says
1. That he was born in Old Pomfret in the State of Connecticut in the year 1759.
2. Has no record of his age but supposes the same is recorded in the town of Pomfret afors'd (aforesaid)
3. That he lived in the town of Munson Mass, when he entered
the service the two first tours At Hartland Vt the 3rd tour of duty
as forth. --That he has lived since the close of the 
Revolutionary War, at Hartland afore about 10 years- at Middlebury
Addison Co Vt. about 17 years at Elizabethtown Essex Co N.Y.
about 6 years & at Covington Genesee Co. where he now resides
about 17 years
4. That he was called into service as already set forth twice by 
enlistment once volunteer
5. That such is the broken State of his mind & memory, that he
cannot be more particular in relation to officers. Regiments
or circumstances of service than what is already above set forth
6. he rec'd (received) two discharges as set forth from the 1st & 2nd term of service 
which discharges were some years after they were given burnt in 
in the dwelling house of this declarant which was destroyed by fire at the
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Town of Hartland aforesaid
7. That he is known in his present neighborhood by the Rev. Ichabod
Clark and Daniel Howard who can testify as to his character 
for veracity & their belief of his services as a soldier of the 
Revolution

And this declarant further says that he has no documentary
Evidence & that he knows of no person whose testimony he can provide
who can testify to his service. And 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 and subscribed the day
and year aforesaid before me
Elisha Hardy
Isaac Wilson first Judge as forsaid

We Ichabod Clark Jr a Clergyman residing in the Town
of Perry in the County of Genesee & State of New York and Dan
Howard of the Town of Covington in the same County hereby
certify that we are well acquainted with Elisha Howard who has
subscribed and sworn to the above declaration, that we believe him to
be seventy four years of age the 1 of June next. 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

Ichabod Clark
Daniel Howard
Sworn and subscribed the day
and year aforesaid before me
Isaac Wilson
first Judge as aforesaid
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And I the said Judge do hereby declare my opinion after the investigation of the matter and putting the interrogating prescribed by the War Department, that the above named aplicant was a revolutionary soldier and served as he states. And further certify that it appears to me that Ichabod Clark Jr. who has signed the preceeding certificate is a clergyman resident in the Town of Perry in said County of Genesee, and that Daniel Howard who has also signed the same is a resident in the town of Covington in the same County and is a credible person and that their statement is entitled to credit.  And further certify that the applicant cannot from bodily infirmity attend the courts.
Isaac Wilson
First Judge as afor
State of New York
Genesee County  [ ] I. Timothy Fitch, Clerk of said county certify that Isaac Wilson before whom the above affidavits and proceeding pursuant to have been taken, had and made was at the time they bear date First Judge of the Court of Common Pleas of said county . And that I am well acquainted with the handwriting of said Judge and verily believe that his name subscribed to said affidavits and proceeding is genuine
In testimony whereof I have hereunto set my name and seal of office this twenty eighth day of May AD 1833.
Timothy Fitch Clerk
By J. Pringle Depbrk
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No. 25313
Elisha Howard Genesee County
New York
Isaac Wilson Attica Genesee County
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
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Elisha Howard Genesee County New York

Period when the service was rendered
Enlisted Sept 1776
May 1777
Vol

Duration of the claimant's service.
3 Months,
10 Months
20 days

Rank of the claimant.
Private

Names and rank of the Field officers under whom he served.
Genl Lincoln
Lieut Hoar, Col Howe
Cap Burton Burk,
Cap Weld Col House

Age at present, and place of abode when he entered the service.
74 years
Springfield  County Massachusetts

Proof by which the declaration is supported.
Traditionary Papers property attached

Battle at Frogs point, White plains

I am, respectfully
Your obedient servant

J. L. EDWARDS,
Commissioner of Pensiions
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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 

The applicant is refused for evidence of his services to and roles of the militia of that state.
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that 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

[illegible] Secretary of the State of Massachusetts in whose office
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REJECTED
5275
P. O. ----
Elisha Howard
Service: -----
Enlisted: ----- 18 --
Discharged: ----- 18 --
Application filed: ----- 18 --
Alleges: -----
Re-enlisted: -----
Attorney: ------
P. O. -----
 ----- Recognized. ----- Contract
______Cert. of Dis. Searched for ----- 18 --
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Act of June 1832
Elisha Howard
Suspended
See letter to
J. Wilson Esqr
Attica NY
March 1834
5275
Page 14

32860
3 -- 068.
(Old No. 3 - 649.)
Bureau of Pensions.
Edward Howard
Mch 31, 1818 -63
Boston Mass
76 Mass
Capt Thos. Seward
Col. Jno Crane
Pvt-- 6 mo
Page 15

Elisha Howard
Page 16

Commonwealth of Massachusetts.
Secretary's Office, Jany 2. 1834.
I hereby Certify, That, from an examination of the Books
and Documents, relating to Military Services in the War of
the Revolution, which remain in this Department, it appears
that the roll of Lt Nathan Hoar's Company
in Col Howes Regt in 1776 under which Elisha
Howard claims for services is not found in this
Office
Elisha Howard also claims for services under
Capt Burt in 1777. the rolls of which are not found
in this Office except one of Capt Gideon Burt's
Company in Col. David Leonard's Regt. from March
2d to April 10th 1777 on which the name of Elisha
Howard is not borne
Edward D. Bangs Secy
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New York Ret'd
24 January 1834

Attica NY
Jany 15, 1834

War Department Pension Office
Washington DC
Page 18

Attica Jan. 15. 1834.
Hon. J. L. Edwards Commissioner of Pensions
Sir
I enclose the declaration papers of Elisha Howard
together with the certificate of Mr Secretary Bangs stating that the Rolls
for the services claimed by Mr Howard are not found in his office

The defective & imperfect state of the rolls and papers in
Secretaries Office at Boston and indeed their entire absence in relation to
much of the service actually performed during the War of the Revolution
must account for their absence in the case of Mr Howard

It frequently occurs with these aged, infirm and
broken down old soldiers that probably in some part of life, from a long neglect
in thinking particularly of those services and from absolute loss of memory
it is utterly impossible for them to collect or State with precision the names of their
Capt or Col. in every portion of their service, when in truth the services have been
faithfully performed. This appears to be the situation of Mr Howard

He is the head of a numerous and very respectable
family and possessing himself, as I am well informed, through a long life and
unsullied reputation for integrity and moral worth & I have no manner of doubt
he has set forth his services correctly according to the best of his recollection which
must I think to be near the truth. under such circumstances it would seem
to be a peculiar hardship if he should be excluded the benefit of the act of 1832 for the
want of what is not in his power, a little more particularity or of its not being clearly shown
in every tour, under what officers the applicant served.

The Department will have the goodness to direct to 1
me at Attica Genesee Co. N. Y. having removed to this place
I have the Honour to be
Respectfully Your Obt Sert
Isaac Wilson